Executive Summary In most developing cities, magnitude volume of the traffic requires suitable legislative enactment where different modes of transportation traverses within the City. In the case of Butuan, different local public transport in the form of jeepneys, multicabs and taxis, tricycles as well as “motorized trisikad” exists. This paper looks into the Traffic and Transportation Code as a policy instrument of the local government unit in the conduct of traffic management. It assumes that good transportation system propels the development of the city, thus the need of the development of local public transport policy.
While Philippine tricycle is classified as a motor vehicle composed of motorcycle fitted with a single wheel sidecar or with a two-wheel cab, operated as a public transport for a fee, Butuan City has a wide variation of unique motorcycle innovations. And while the presence of these various modes of transportation provides a wide array of choices for commuters, the study would shows that with lack of a comprehensive implementation of traffic and transportation policies, local transportation would be Table of Contents I.
II. III. Title Page Executive Summary Research Structure A. Policy Description a. Statement of the policy b. Brief history of the policy c. Problem description B. Policy Environment a. Social and physical forces affecting the policy b. Economic forces affecting the policy c. Political forces affecting the policy C. Recommendation/ Policy Alternatives III. V. References Appendices
Introduction The City of Butuan is the regional center of the Caraga Region and one of the highly urbanized cities in the Philippines, the only one in the region.
The latest study by the National Competitive Council of the Philippines (NCCP) ranked Butuan as the 4th most competitive city of the Philippines.
*Based on the 2013 Cities and Municipalities Competitiveness Index of the National Competitiveness Council Philippines and USAID.
One of the indicators mentioned by the ranking system was the presence of able infrastructure facilitating market growth, including efficient traffic system and transportation management. The importance of enabling infrastructure and transportation system in development cannot anymore be overemphasized. In the Economist Intelligence Study of Microfinance in 2010, the Philippines ranked 1st in regulatory framework, 2nd in overall business environment, and 4th in institutional development. While with the three component of the study means a good performance, the country ranked only 18th in investment climate component, which includes among others the adequacy of infrastructure and efficient transportation system.
A. Policy Description The earliest local transportation-related policy in Butuan City was the enactment of the Traffic Ordinance in 1996. This was only successively revised in 2000, with minor amendments in 2001 and 2006. Transportation and traffic rules were consolidated in 2010 consonant with the Land Transportation and Traffic Code. Generally, the Code recommended a short-term plan on the formulation of traffic management schemes and public transportation routing and circulation aimed at alleviating traffic congestion. The ordinance has been amended from time to time to take into account the changing conditions of city development. The table below shows the different local ordinances enacted by the LGU. Summary of Local Transportation and Traffic Related Policies of Butuan City YEAR 2000 2001 2006 2010 LOCAL POLICY NO Ordinance No. 2282 Ordinance No. 2316 Ordinance No. 2928 Ordinance No. 3616 TITLE Traffic Ordinance of the City of Butuan Creation of Traffic Management and Control Board (TMCB) Creation of Barangay Traffic Officers Traffic and Transportation Code of Butuan City IDENTIFIED BASIS
Observation Observation Transportation Code
Transportation and traffic problems have hounded major cities around the world, Butuan included, necessitating the provision of various infrastructures and the implementation of an assortment of policies geared towards solving these problems. As urban populations expand and city roads become increasingly congested, city planners need comprehensive urban development and transport policies to address deep-seated social and demographic change.
To address the process of local transport policy, effective and efficient traffic management legislation S.P. Ordinance 3616-2010 (Traffic and Transportation Code of 2010) was enacted. The Code highlighted certain salient transportation and traffic goals some of which can be read below: a. regulate operation of private and public utility vehicles operating in the b. c. d. e. f. g. h. City; provide and establish Jeepney and Bus Stops signages along its routes in coming to the City for the safety, comfort and convenience of the riding public; designate metered parking areas within the City as it may deem necessary; recommend for approval by the City Council the acquisition by the City of an effective and efficient traffic control devices that shall be installed in designated areas; identify and designate the areas in the City where traffic devices shall be installed; employ qualified traffic enforcers and other personnel necessary to efficiently and
effectively implement the traffic management system of the City; impose fine for the violations of this Code; and restrict the speed of every riding transportation and implement one-way street.
The Problem In 2009, the city recorded the highest motor vehicle density in the region at 51 vehicles per kilometer of road. Vehicles for short-distance trips have stations scattered in different parts of the city. Relatively traffic fatality has become associated within the city. This can be attributed to a number of factors, such as the increasing number of motor vehicles that are not all well maintained. The local government has also to consider the increasing demand for better transportation and traffic system, given the fast mushrooming of industries and establishment in the region.
This paper seeks to look into the existing traffic and transportation code concerns in the light of: a. Issues with regards to coherence and enforcement of traffic code relative to traffic fatality and other violations; b. How traffic management plan responded to social, economic and political driving force in the city; c. Understanding the process of local transport policy development concerning tricycles and other means of transportation; and d. Assessing the impact of traffic signals installed at major intersections in the city. B. Policy Environment Butuan City is located in the northern part of the island of Mindanao the southern island of the Philippines (see Map on Annexure). Specifically, it is in the northeastern part of the Agusan valley straddling both banks of the Agusan River. It comprises 81,728 hectares, with 27 urban barangays, and 59 rural barangays, with an estimated population as of 2006 numbering to 552,849 (City Government of Butuan, 2006). It became a city on August 2, 1950. The Agusan River made Butuan conducive to forestry and agri-business, making it a haven for logging industry, which in the early development of the city, helps to urbanize the area. The problem, however, is that the river annually floods the city, revealing its geophysical feature and the weakness of its drainage system, although on-going construction to improve the geophysical and drainage system is a priority of the current local administration. As
the regional center of Caraga region, it is the primary trading, business, and administrative city, surrounded by the municipalities of Agusan Del Norte. It is a highly urbanized city with a first class income known for its colorful history, peaceful environment, rich prehistoric culture and hospitable people, thus helps in creating a dynamic environment for business ventures, both domestic and 7
international. Its local government unit has received national distinctions as recognition of its highly efficient welfare and development programs. Bright colored tricycles are common in Butuan, with varying routes and fare matrices. They go around and even outside the city proper. Jeepneys are used in the main city streets, with corresponding route numbers. Cars for rent are available upon request in most hotels and at the airport, but all are not metered. Metered taxes are also available in the city and bus companies ply the routes from Butuan to other cities and provinces of the region. Aside from the usual buses, jeepneys, multicabs and taxis, motorized public transport seem to ply the roads as exemplified by the presence of tricycles, “habal-habal”, and trisikad. The latter three, is another innovation out of the motorcycle in the late fifties and nineties, respectively. Motorcycle-based public transportation continues to prevail in most cities of developing nations and this is attributed to the fact that they are affordable by all sector of the society. Interestingly, this mode has been, since then, part of the Philippine’s urban landscape. Infrastructure and accessibility is another given concept that explains why some public transportation gap exists and why innovative modes evolved. Thus, reviewing local transport policy can provide insights on how the public sector integrates the evolution of different modes with the type of available infrastructure. Moreover, the lack of common or traditional forms of a public transport network and infrastructure such as mass public transportation is usually substituted with other innovative modes of public transportation. Infrastructure Traffic signals or traffic lights are installed at intersections according to a set of criteria that include volume, pedestrian considerations and accident occurrence. These are used in lieu of signage (i.e., stop and yield) in order to manage conflicting flows at intersections. In particular, there is the need to
eliminate crossing conflicts that could result in fatal collisions among vehicles. Separation of flows is done by means of phasing groups of movements (i.e. grouped are those movements that do not have critical conflicts among them). This is seen on the latest improvement of its traffic structure as commuters can now experience advanced traffic technology with the mounting of 9 Light Emitting Diode (LED) Traffic Countdown Timers along the major streets in the city. This recent improvement in the traffic structure is basically undertaken to remind drivers and pedestrians of the waiting time through counting down numbers and to effectively reduce the rate of traffic accidents in high-risk areas. ONE-WAY STREET Vehicular traffic on any one-way street or highway or portions thereof as designated by the City Council as a one-way street, shall move only in the direction indicated by signs erected and maintained thereon. The streets or portions thereof described hereunder are hereby designated as one-way streets. a. SAN JOSE STREET (west to east direction). Starting from junction with Ester Luna Street on the West, then following San Jose Street up to the intersection with A. Mabini Street on the East. b. HON. JOSE B. AZOTE Street (east to west direction). Starting from its junction with G. Flores Avenue and Marcos Calo Street on the East, then following Azote Street up to its intersection with Montilla Boulevard on the West. Provided, however, that the remaining portion of Hon. Azote Street known as Hon. Azote Extension, from Montilla Boulevard going further west, shall remain a two way street.
c. LOPEZ JAENA Street (west to east direction). Starting from its junction with Montilla Boulevard on the West then following Lopez Jaena Street up to its intersection with Apolonio Curato Street and G. Flores Avenue, on the East. Provided, However, that the remaining portion of Lopez Jaena Street from Montilla Boulevard known as Lopez Jaena Extension, going farther west, shall remain as a two way street. Provided, further, that portion of Lopez Jaena Street, starting from Montilla Boulevard up to R. Calo Street shall be
closed to traffic during Sundays particularly from 7:00 AM to 11:00 AM and from 5:45 PM to 7:00PM. d. VILLANUEVA STREET (east to west direction). Starting from its junction with G. Flores Ave., on the East, then following Villanueva Street up to its intersection with Montilla Boulevard, the remaining portion of Villanueva Street known as Villanueva Extension, from Montilla Boulevard going further west shall remain a two-way street. e. T. CALO STREET (west to east direction). Starting from its junction with R. Calo Street on the west, then following T. Calo Street up
to its intersection with E. Luna Street and G. Flores Ave., on the east. Provided however, that the remaining portion of T. Calo Street, and from Montilla Boulevard, going further west up to its intersection with Gov. Rosales Ave. known as T. Calo St., shall remain as a two –way street. f. ROSALES STREET (east to west direction). Starting from its junction with G. Flores Ave., on the west, then following Rosales Street up to its intersection with Montilla Boulevard on the west. Provided, however, that the remaining portion of T. Calo St. from R. Calo St. going further west up to its intersections with Gov. Rosales Ave. g. G. FLORES AVENUE. From Azote St. to Lopez Jaena intersection.
All the rest is two-way street.
h. E. LUNA STREET (north to south direction). Starting from its junction with G. Flores Avenue Street on the north up to its intersection with San Jose Street in the South. Provided, however, that the remaining portion of E. Luna Street up to its intersection J.C. Aquino Ave. on the South (fronting the Roman Catholic Cathedral) shall remain a two way street. Provided, further, that the remaining portion of E. Luna Street from the intersection of San Jose Street up to its intersection with J. C. Aquino Ave. shall be closed to traffic
during Sundays specifically from 5:00 am to 12:00 noon and from 4:00 pm to 8:30 pm only. i. Marcos M. Calo Street (south to north direction). Starting from its junction with Noli Me Tangere Street on the south, up to its intersection with G. Flores Avenue. j. Portion of Datu Silongan from corner of A.D. Curato Street up to the corner of M. Calo St., going east. k. The portion of P. Gomez Street from corner of M. Calo St. to A.D. Curato Avenue going west. l. The road at the back of Langihan Market station is located and up to J. Satorre Street. m. Portion of A. D. Curato Street particularly that stretch from the junction of Gov. Jose C. Aquino Avenue to Noli Me Tangere Street going south. n. Datu Silongan from corner A.D. Curato going east Gomez Street from M. Calo Street to A.D. Curato Avenue going west. o. Portion of Marcos Calo Street, particularly that stretch from Noli Me Tangere Street to end of G. Flores St. p. Portion of Noli Me Tangere Street, particularly q. Portion of San Francisco Street (south to North direction) from its intersection of T. Sanchez St., on the South up to R. Rosales St. on the North. r.
Portion of R. Calo Street (north to south direction) from its intersection of J. C. Aquino Avenue on the north up to Teofilo Sanchez Street on the South.
Interchanges Grade separation is considered as a final option to ease congestion at intersections. Flows are separated by means of constructing overpass (flyovers). The overpass along Montilla Boulevard is one among many interchange projects implemented to reduce congestion at major intersections. the traffic signal at-grade. This flyover eliminated the need for the corresponding left turn movement in the phasing of
However the constructed flyovers never suffice its purpose for pedestrians are not using it. The governments spend thousands for the project in order
to fulfill its reasonable cause but it put to waste. This become a challenge to the ers that in every policies made strict implementation must not be overlooked to make policy sustainable and would benefit the majority. Truck Ban The truck ban has been in place since 1978 and now restrains large trucks from using the old bridge. Trucks are allowed only along designated roads and routes, specifically the new Macapagal Bridge. It has long been perceived as having detrimental effects on goods movement and, consequently, on the economy. However, with the scheme it paves way for its positive impacts on the economy in general. This is due to the perception that with new bridge the truck ban can possibly maximize flow of goods in the region leading to economic gains. U-turn Scheme The U-turn scheme was implemented particularly those multicabs bound from Ampayon. The voluminous traffic in Langihan with the presence of the many trisikad and tricycle hassles the commuters.
Social and physical forces Today most households own a motor vehicle and many people choose to drive rather than use public transport. All of this leads to greater congestion and increases the need for more road capacity. In addition to expanding road capacity, it is a must of taking socially acceptable measures to help road users make their journeys safely, reliably and without unforeseen delay. The physical ecology of commuters discourages physical activity (Sallis et al. 1997b). Public health history shows that population level changes in health behaviors are unlikely to occur without the modification of underlying environmental factors (Parks et al. 2002). For example, high levels of vehicular traffic can prevent the use of sidewalks and discourage walking (Appleyard 1981). The lack of walking paths and trails, parks and open spaces prevents recreational physical activities from taking place. Heavy traffic and/or reckless drivers provide another source of danger for pedestrians and cyclists, as their presence increases the possibility of pedestrian-automobile collisions. While intuitively most would agree that if an environment is perceived as unsafe most people would not want to walk, cycle, or simply be there, the literature has mixed findings about the impact of perceived safety and security on physical activity and walking. Economic forces Transport policy and planning decisions often have significant economic development (also called macroeconomics) impacts by affecting government and consumer expenditures, employment opportunities, resource consumption, productivity, local environmental quality, property values, affordability and wealth accumulation. Economic efficiency increases if transport resource costs (including time, land, risk and energy) are reduced or if the value provided by transport activity increases. This is why efficient road and parking pricing, which tests users willingness to pay for roads and parking, can increase transport system efficiency even if this reduces total vehicle traffic The ultimate goal (or output) of transportation is accessibility, people and industry’s ability to access desired resources, services and markets, which can include raw materials, labor, worksites, professional services, business meetings, clients and distributors. Increased accessibility (a reduction in the time, money or risk required to reach resources and services) increased productivity. Building malls to the city tends to significantly increase local economic productivity, but once a basic paved road system exists, the city provides marginal benefit (SACTRA 1999; Kopp 2006). It has an impact to the economy of the city with respect of putting up Robinsons and SM.
Similarly, reducing transportation costs reduces local businesses’ shipping costs but also encourages local residents to shop at more central locations,
which over the long-run often reduces local shopping options (SACTRA 1999). In these ways, underpriced transport often harms local industries. This is not to suggest that transport costs should be kept artificially high to favor local businesses, but it does point out that policies that underprice transport often have negative as well as positive economic impacts. Political forces Political factors therefore play a key role in shaping its activities and priorities. Lawmakers are held to account every law made as well for the performance of the Department and its agencies, including the traffic enforcers. Improving road safety is a priority thus Department for Transport has national targets to reduce the number of people injured or killed on roads. With this, policy makers believe these characteristics of recent urbanization affect sustainable development. Therefore, it is necessary to understand their causes in order to develop policies to provide new effective measures. Here political driving forces are defined as those laws, instruments, measures or agreements that are the result of decision-making processes. Resources are instruments used by actors to influence decision-making (Sabatier and Weible 2007). In the research model used, the policy decision subsystem also includes interactions between resources and the actors. The enactment of Land Transportation and Traffic Code implement the rules and regulations in accordance with traffic management. However at present Butuan does not have a traffic management plan made. When RDC holds 74th Full Council Meeting, they requested for the City Government of Butuan to Craft a Traffic Management Plan to include Development of City
Bypass and Alternative Roads to Address the Potential Traffic Congestion Due to the Growing Urbanization of the City. Also to consider are the reports of graft and corruption in the enforcement of laws, usually leading people to surmise of the existing ‘kotong’ and ‘lagay’. Generally, planning policy (Briassoulis 2008, Geist et al. 2006), transportation and infrastructure policies (Herperger and Bürgi, 2007) have been recognized as main political driving forces of urban change. C. Conclusion It has been said that Butuan is in its peak of development where industry are coming in. The advent of
urbanization requires transportation policies and projects that affect the employment, productivity and profits of specific industries and businesses, and communities in which they are located. Understanding the process of local transport policy development concerning tricycles might yield some useful insights as well as validate its role in the transportation hierarchy. Urban transportation planning must be designed to meet the end objective of addressing transport problems in terms of traffic movement, public transport, pedestrian, environment and parking. The use of Traffic Countdown Timers along the major streets in the city helps to regulate if not to eliminate traffic fatality. The need to expand the roads, parking fees, and reroute scheme reduce problems such as congestion and to help achieve health and environmental objectives. Mobility and modal split is an important consideration in reviewing public transport policy developed at the local level for this provides an insight of how a certain mode, for instance in the case of motorcycle-propelled vehicles is viewed from the policy makers perspective. The presence of an enacted traffic code in the City must be coupled with a management plan so that all the driving forces in the society be properly given due considerations.
D. Recommendations The following recommendations have been made to response the driving forces of Land Transportation and Traffic Code in the City. a. Sustainable traffic management plan on alternative roads to address the potential traffic congestion. b. Additional CCTV, Traffic Countdown Timers and Police kiosk in the intersection areas. c. Imposition of parking fees to avoid traffic jam and proper parking spaces of the establishments. d. Number coding scheme of both private and public vehicles. e. construction of diversion roads to ease up the traffic fatality It is further recommended that amendments to the Code be made to include an incentive scheme for traffic enforcers reprimanding erring commuters. This will prevent predisposition of traffic enforcers to accept ‘kotong’ and ‘lagay’ as they will be rewarded monetarily for every commuters reprimanded. The mechanism of this incentive system shall be included in the legislation. Increasing violation fees with proper enforcement and education could also help deter
future traffic violations. With heavy sanction on fees and fines, it is hoped that traffic violations would at lessen if not hampered. It would also help to improve the capacity-development of the traffic enforcers on their rights and privileges as officers carrying the intent of the law. Continuous education will capacitate them to better implement traffic rules and will enable them to function efficiently without fear or second thought.
References Diaz, C. Environmental Policy in the Philippines Related to Road Transportation. National Center for Transportation Studies University of the Philippines – Diliman Gomez, R. Oliveros, O.F., and Dela Cruz, J.C.M. (2004) Travel Time and Delay Analysis Before and After U-Turn Slots, Unpublished Undergraduate Research Final Report, Department of Civil Engineering, University of the Philippines, Diliman. Guillen, M. & Ishida, H. (2003) Motorcycle-Propelled Public Transport and Local Policy Development: The Case of “Tricycles” and “Habal-habal” in Davao City Philippines. Regidor, J.R.F., Kubota, H., and Sakatomo K. (2001) A Comparative Analysis of Traffic Impact Assessment in the Philippines, Japan and South Korea: Implementation and the Use of Computer Simulation as an Analytical Tool, Philippine Engineering Journal, Vol. XXII, No.2, pp.1-16. Regidor, J. Analyzing Impacts of Transportation Infrastructure and Policies on Traffic Flow in Metro Manila Using Advanced Tools and Techniques Tiglao, N.C.C., Regidor, J.R.F., and Teodoro, R.V.R.(200 An Assessment of the Truck Ban and UVVRP, and Their Effects on the Freight Forwarding Industry, Paper submitted for review for the First International Conference on Transportation Logistics in Singapore on July 2005. Proposed Philippine Traffic Impact Assessment Guidelines. U.P. National Center for Transportation Studies Foundation, Inc. http://www.thalesgroup.com/Markets/Security/Documents/Traffic_Managemen t_A_safe_and_secure_system_for_automated_traffic_management/
ANNEX F Butuan City’s Transportation and Traffic Code of 2010
Republic of the Philippines
TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan 11th Sangguniang Panlungsod 22nd Regular Session Series of 2010 A RESOLUTION ADOPTED BY THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR SESSION HELD AT THE SP SESSION HALL ON JUNE 15, 2010 PRESENT: Honorable Dino Claudio M. Sanchez Honorable Erwin L. Dano Honorable Raul O. Amoc Honorable Salvador V. Calo Honorable Audie G. Bernabe Honorable Lope A. Buñol
Honorable Rodrigo L. Dayaday Honorable Sabiniano O. Olandria Honorable Shiela D. Gado ABSENT: Honorable Josephine P. Marticion-Salise Honorable Lawrence Lemuel H. Fortun Honorable Ramon P. Carampatana Honorable Randolph B. Plaza – Member – Member On Official Business – Member On Official Business – Member – City Vice Mayor Presiding Officer – Member – Member – Member – Member – Member – Member – Member, President Liga ng mga Punong Barangays
AN ORDINANCE ESTABLISHING THE TRAFFIC AND TRANSPORTATION CODE OF BUTUAN CITY Be it ordained by the Honorable Sangguniang Panlungsod in session assembled and by authority of the same that:
CHAPTER I PURPOSE AND DEFINITIONS
ARTICLE I PURPOSE
Section 1. PURPOSE OF THE CODE.- The provisions set forth in this Code are meant to provide for the management, regulation and enforcement of traffic upon the public roads, streets and highways of Butuan City, including other streets, alleys, highways, thoroughfares and private streets that for the last ten (10)have been continuously used by the general public.
ARTICLE II DEFINITIONS
Section 1. DEFINITION OF TERMS, WORDS AND PHRASES USED IN THIS CODE.- The terms, words and phrases when used in this Code, shall for the purpose therefore, have the meaning assigned or ascribed to them in this Article,
unless otherwise the context it is used has a different meaning. a. Abandoned Vehicle – Vehicle left standing or unattended in any street, road or highway for more than twenty four (24) hours. b. Air Pollution – means an undesirable change in the physical or chemical characteristics of air that endangers the health and safety of the people and other living creatures. c. Business – Any commercial activity customarily engaged in, as a means of livelihood and typically involving some independence or judgment and power of decision. d. Certificate of Compliance – is a certificate issued to a vehicle owner/operator indicating that a certain vehicle passed the black smoke-emission test. e. City – City of Butuan.
City Thoroughfares – Streets in the downtown area of Butuan City.
g. Carbon Monoxide – a colorless pungent toxic gas formed when carboncontaining compounds or fuels are burnt with insufficient air. h. Driver – Every person who drives or is in actual physical control of a vehicle. i. Drop Off Points – is that portion of a lane, marked likewise on the ground with yellow line in rectangular form, where a PUJ shall drop passengers within a time necessary for the purpose. East bound PUJ – a Public Utility Jeepney, the regular route of which shall be RTR, k. Fee – An imposition or collection of an assessment, tax, tribute or fine. l. Kindergarten – a school for furthering the intellectual, physical, and social development of young children, usually five-year olds, by means of games, creative activities, nature study, etc.
m. License or Permit – The privilege or permission granted in accordance with the law by a competent authority to engage in some business or occupation or
to engage in some transaction. n. LTTMO -Land the City of Butuan. Transportation and Traffic Management Office of
o. Motor Vehicle – is a vehicle propelled by any power or engine other than muscular power using any public highways or roads. p. Motorized Trisicads-for-hire – bicycles having a carriage with oneside wheel made of ¾ G.I. pipe with gauge 24 plain steel plate or flooring, with not more than seven horse power (7hp) multi-purpose engine as its power source, can carry at least two (2) but not more than six (6) passengers and being operated to render transport services to the general public for a fee. q. Motorized Tricycle Operator’s Permit or MTOP – is the document granting franchise or license issued to a person, natural or juridical, allowing him/her to operate motorized tricycle- for-hire over zones specified therein. r. Non-working day – includes Saturdays, Sundays, holidays and/or all other days declared by competent authority as non-working days.
s. Nursery School – pre-kindergarten school. A place set apart for young children.
Operator/Owner – The person who holds the legal title of the vehicle.
u. Pedestrian – Any person afoot or in an invalid chair or similar vehicle propelled by a person afoot. v. Persons – Refer to natural or juridical being, susceptible of rights and obligations or of being the subject of legal relations. w. PFC – Parking Fee Collector responsible to issue parking tickets and collect parking fees in the designated parking areas/stalls in the City. x. Pick-up Point – is that portion of a lane marked on the ground with a yellow line in rectangular form, whereat PUJs, at most two (2) units in any given time, shall solicit passengers with a maximum stand-by time of 5 minutes. y. PRIMARY SCHOOL – an Elementary School giving formal instruction, teaching the rudiments of learning, and extending up to six
years. z. Prime Mover – motorcycle unit. aa. Privilege – A permit or a grant or license for the enjoyment of a particular or a peculiar benefit, advantage or favor. bb. Public Utility Jeepney (PUJ) – A jeepney for hire that transports passengers and cargoes from other places to the City of Butuan and vice versa. cc. Residents – Refer to natural persons who have their habitual residence in the province, city or municipality where the exercise of their civil rights and fulfill their civil obligations and to juridical persons for which the law or any other provisions creating or recognizing them fix their residence in a particular province, city or municipality. In the absence of such law, juridical persons are residents of the province, city or municipality where their legal representation is established or where they exercise their principal functions. dd. Route – The designated streets where PUJs are only allowed to use in coming in and going out of Butuan City. ee. School- any public or private organization giving regular instruction having an average daily attendance of fifty or more students. ff.
School Crossing Guard – a school staff or volunteer duly appointed by the principal and certified by the Chief of LTTMO who will safeguard and attend the supervision of school children in crossing a pedestrian to those hours when school is opening, recessing or closing. gg. School zone – each and every street and all public property or ways within one thousand (1000) feet of the boundaries of any school. hh. SECONDARY SCHOOL – a High School or a school of corresponding grade and ages ranging from thirteen to sixteen years old. ii. Services – Refer to the duties, work or functions performed or discharged by the government officer, or by private persons hired or contracted by the government, as the case maybe. jj. Side Car – Carrier of the motorized tricycle. kk. Single Motorcycles-for-hire –is a motorcycle mounted with a leg rest, capable to carry not more three (3) passengers excluding the driver, operated to render transport services to the general public for a fee. ll. Smoke Belching – means an excessive emission of black or dark smoke from any motor vehicle arising from whatever highways or roads. mm. Suburbs – a community or town outside the downtown area of a City. nn. Sulfur
Dioxide – a colorless pungent toxic gas used in making sulfuric acid and as a preservative, fumigant, and bleaching agent. It is formed by burning sulfur and constitutes a major component of air pollution in industrial regions. oo. Tax – An enforced contribution, usually monetary in form, levied by the law-making body on persons and property subject to its jurisdiction for the precise purpose of supporting government needs. pp. TEB – Traffic Enforcement Bureau of the City of Butuan. qq. Terminal – The Integrated Jeepney Terminal of the City Government of Butuan located at Barangay Holy Redeemer, Butuan City. rr. Traffic control devices – all signs, signals, traffic cones and devices not inconsistent with erected by authority of the City Council or jurisdiction, for the purpose of regulating, warning pavement markings, this Code, placed or City official having or guiding traffic.
ss. Traffic control signals – any device whether manually, electronically or mechanically operated by which traffic is alternatively directed to stop and proceed or is otherwise controlled. tt. Traffic Enforcer – A person in authority mandated to enforce traffic rules and regulations in the locality, authorized to apprehend drivers by issuing Traffic Citation Tickets (TCT). uu. Tricycle-for-hire – is a motor vehicle composed of a motorcycle fitted with a single-wheel side car or a motorcycle with a two (2) wheel cab operated to render transport services to the general public for a fee. vv. Westbound PUJ – shall be taken to denote a Public Utility Jeepney, the regular route of which shall be the towns of Buenavista and Nasipit. ww. Western Suburb – Comprising the Barangays of Libertad, Bancasi, Ambago, Bonbon, Kinamlutan and Dumalagan. xx. Zone – is a continuous land area or block, say a subdivision or a barangay, where a tricycle for-hire may operate without a fixed origin and destination. Zones are herein contemplated may be fixed by the Sangguniang Panlungsod whenever applicable.
CHAPTER II TRAFFIC MANAGEMENT AND ADMINISTRATION ARTICLE I THE CITY COUNCIL
Section 1. AUTHORITY OF THE CITY COUNCIL.—The City Council shall from time to time: 1. Determine and designate the type of all official traffic control devices provided, that such shall correlate with and conform to the current standards as set and approved by the appropriate government agencies and instrumentalities. 2. Create, define, re-define, eliminate or change all speed zones, one-way streets, through streets, parking meter zones, no-parking zones, bus stops, safety zones, quiet zones and designate the types of markings to be placed and maintained for the identification of such areas or zones.
ARTICLE II LAND TRANSPORTATION AND TRAFFIC MANAGEMENT OFFICE (LTTMO) Section 1. CREATION OF LAND TRANSPORTATION TRAFFIC MANAGEMENT OFFICE (LTTMO).—There is hereby created a Land Transportation Traffic Management Board to be composed of the following, whose term of office is co-terminus with the appointing authority: Chairperson – City Mayor
Co-Chairperson – City Vice Mayor Vice Chairperson – Chairperson, SP Committee on Public
Utilities Members – Chairperson, SP Committee on Police and Public Safety – President, Liga ng mga Barangay or his duly authorized representative – City Director, PNP or he designates his City Traffic Division head as his duly permanent representative authorized
-Two (2) duly elected representative from the transport sector to represent the associations of PUJ, AC and bus and tricycles, trisicad, motorela and others – Regional Director, DOTC 13 – Chief, Permits and Licenses – President of the Butuan-Agusan Chamber of Commerce, Trade and Industry or his duly designated representative – City Prosecutor – City Legal Officer – City Engineer – City Administrator President, Petroleum Dealers Association of Butuan City or his duly designated permanent representative Division
– Traffic Special Operations Officer IV (Traffic Executive Director), Traffic Enforcement Bureau
Section 2. POWERS, DUTIES AND FUNCTIONS OF THE LAND TRANSPORTATION TRAFFIC MANAGEMENT OFFICE (LTTMO).–The Land Transportation Traffic Management Board is vested with the following powers, duties and functions: 1. Serve as a policy-making body that shall promulgate additional policies, guidelines, rules, regulations relating to the effective and efficient management of traffic in the City;
2. Promulgate implementing rules and regulations in accordance with the provisions of the existing City Ordinances on Traffic; 3. Regulate operation of private and public utility vehicles operating in the City; 4. Provide and establish Jeepney and Bus Stops signages along its routes in coming to the City for the safety, comfort and convenience of the riding public; 5. Designate metered parking areas within the City as it may deem necessary; 6. Create a Team that should conduct a comprehensive study for a more effective and efficient traffic signal control system for the adoption and implementation in the City; 7. Recommend for approval by the City Council the acquisition by the City of an effective and efficient traffic control devices that shall be installed in designated areas; 8. To identify and designate the areas in the City where traffic devices shall be installed; 9. Issue additional rules and regulations on the imposition of fines for the violations of this Code; 10. Employ qualified traffic enforcers and other personnel necessary to efficiently and effectively implement the traffic management system of the City. 11. Manage and supervise the Enforcement Bureau (TEB). operation of the Traffic
ARTICLE III TRAFFIC ENFORCEMENT BUREAU (TEB)
Section 1. CREATION OF A TRAFFIC ENFORCEMENT BUREAU. -There is hereby created a Traffic Enforcement (TEB) that derives authority from the LTTMO. Its general duties and responsibilities are as follows: a. It shall serve as the
enforcement and implementing body of all traffic rules and regulations of the City. b. It shall have three (3) sections which are responsible for the faithful enforcement of the standards of safety and good operating conditions of both public and private utility vehicles in the City. c. It shall be responsible for planning, designing, installing and maintaining of LTTMO-approved traffic signs, signals, devices and controls in the areas identified by the latter.
Section 2. COMPOSITION AND FUNCTIONS of TEB.- The TEB shall be headed by a Traffic Executive Director. It shall be composed of the following sections with the following functions, thus: a) Administrative Section: 1) It shall be responsible for the registration of tricycles-for-hire, trisicads-for-hire, Single Motorcycles-for-hire units in the City; 2) Responsible in processing franchises of tricycles-for-hire, trisicadsfor-hire, Single Motorcycles-for-hire units for the approval of the City Council; 3) It shall ensure that all traffic enforcers are equipped with the necessary understanding of this Code particularly the traffic rules and regulations of the City as well as the necessary skills in the effective and efficient enforcement and implementation of this Code; 4) It is responsi ble for the public dissemination of information about the City’s traffic rules and regulations. b) Enforcement Section: 1) It shall be responsible for the faithful enforcement and implementation of all traffic rules and regulations of the City; 2) It shall ensure the faithful compliance of this Code by Operators/owners and drivers of both private and public vehicles including pedestrians in the City. c) Engineering Section: 1) It shall be responsible for the planning, designing, installing and maintaining of LTTMO-approved traffic signs, signal and controls in the areas specifically identified by the latter; and 2) It shall be responsible in the maintenance of the Traffic control systems, ensuring that the same shall always be in good operating conditions and that the same is properly protected against any form of pilferages and vandalism. Section 3. STAFFING. – The Transportation
Enforcement Bureau (TEB) shall be headed by a Traffic Executive Director and is hereby assigned the following staff for each section: a) Administrative Section:
1) Administrative Assistant; and 2) 2 – clerks. b) Enforcement Section: 1) Traffic Executive Director as Enforcement Operations Head; 2) PNP City Traffic Head as Assistant Enforcement Operation Head; 3) Representative, LTO/DOTC; and 4) City Traffic Enforcers. c) Engineering Section: 1) City Engineer/OIC Designated as its Head; 2) Assistance Traffic Engineering Head; 3) DPWH Traffic Engineering Head; and 4) City Planning and Development Coordinator. Section 4. AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS. – 1. It shall be the duty of any police officer assigned by the Chief of Police to fully enforce the provisions of this Code and all the national laws applicable to street traffic in Butuan City. 2. Officers of the City Fire Department who may be at the scene of fire may direct or assist the police officer in directing traffic at the vicinity or in the immediate vicinity.
CHAPTER III TRAFFIC RULES AND REGULATIONS
ARTICLE I TRAFFIC CONTROL DEVICES AND MARKINGS
Section 1. OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES AND MARKINGS- The driver of any vehicle shall obey the instructions of any official traffic control device, placed or erected in accordance with this Code. Provided, that at any intersection where both stop signs and traffic signal lights have been erected or installed, the driver of the vehicle shall operate his vehicle in conformity with the traffic signal light whenever the same is in operation, unless otherwise directed by a police officer or traffic enforcer.
Section 2. TRAFFIC DEVICES. – All signs, signals, pavement markings or other traffic control devices placed or erected on streets and highways of the City is deemed official for the purpose of regulating, warning or guiding
traffic. Section 3- TRAFFIC CONTROL SIGNAL LEGEND.- Whenever, traffic is controlled by traffic control signals exhibiting the words “GO”, “CAUTION”, or “STOP” or exhibiting colored lights successively, one at a time or with arrows, the following colors only shall be used and said words and lights shall indicate and apply to drivers of vehicles and pedestrians as follows: a) GREEN ALONE or “GO”.- Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection of an adjacent crosswalk at the time such signal is exhibited. Pedestrian facing the signal may proceed across the roadway within any marked or unmarked crosswalk. b) YELLOW ALONE or “CAUTION” WHEN SHOWN FOLLOWING THE GREEN or “GO” SIGNAL. – Vehicular traffic facing the signal is thereby warned that the RED or “STOP” signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the Red or “Stop” is exhibited. Pedestrian facing such signal are hereby warned that here is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles. c) RED ALONE or “STOP”. – Vehicular traffic facing the signal stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain immobile until the green or “GO” signal is exhibited; Provided 1. Where no sign has been erected at such intersection prohibiting right turns against red signal, vehicular traffic facing such signal, after first coming to a complete stop as specified above, may enter the intersection with caution from the right lane to make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal of said intersection; and 2. At the intersection of the one-way streets, where no signals has been erected at such intersection prohibiting right or left turns as the case may be against a red signal, vehicular traffic facing such signal, after first coming to a complete stop as specified above, may enter the intersection with caution from the right or left lane to make a right or left turn, respectively, in the
3. No pedestrian facing such signal shall enter the roadway within a crosswalk or otherwise. d) RED WITH GREEN ARROW. – Vehicular traffic facing such signal may enter the intersection with caution only to make the movement in the direction indicated by such green arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection. Section 4. INTERFERRING WITH OFFICIAL TRAFFIC CONTROL DEVICES, SIGNS OR SIGNALS. – No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device, signs or signal or any inscription, shield or insignia thereon, or any part thereof. Section 5. OBSTRUCTION OF VISIBILITY OF TRAFFIC SIGN OR SIGNAL. – No person, business establishment shall hand, suspend, place or construct any awning, frame, balcony, cornice, or any other projection so as to obstruct the visibility of any traffic sign or signal placed or erected as authorized by law. Section 6. RED AND GREEN ILLUMINATED SIGNS NEAR TRAFFIC SIGNALS. It shall be unlawful for any person, business establishment or entity to erect or maintain any red or green light or red or green neon signs within fifty (50) feet of any intersection where traffic is controlled by signal lights, unless such person or business establishment or entity has been issued a written permit by the TEB certifying that such light or sign at the specified location does not constitute undue destruction to a driver of a vehicle plying the streets in the City. Section 7. TRAFFIC LANE MARKINGS. – 1. In certain roads in the City where traffic is controlled by pavement markings, such markings shall be white in color. 2. When a broken line is used in the center or lane line, such line is a guide line and may not be crossed by vehicular traffic unless vehicle movement can be made with safety. 3. When a single or a solid or a double solid line is used for a center or lane line, the line is of a regulatory character and is not to be crossed by vehicular traffic unless when such vehicle is turning into or out of private driveways. a. Whenever a combination of solid and broken lines are used, any solid line appearing in the same lane on which the vehicle is traveling such vehicle shall not cross anytime, except when turning into or out of private driveways or roads
intersecting streets, however when the broken lines appear in the same lane of the vehicle that is traveling, such vehicle may cross at any time. b. When traffic cones are used by the proper authority to temporarily control the flow of traffic in lanes other than those designated by the permanent pavement markings, the lanes designated by the cones shall have the same regulatory effect as the permanent pavement markings.
ARTICLE II SPEED RESTRICTIONS
Section 1. SPEED RESTRICTIONS. – No person shall drive a vehicle on a street, intersections or highway at a speed greater than that is reasonable and prudent under the conditions and without regard for the traffic, the width of the street, highway, intersection and to the actual and potential hazards that exist. In all circumstances, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyances. Section 2. SCHOOL ZONES. – No person shall drive a vehicle on any roadway within school zones and grounds at a speed greater than is reasonable or prudent, having due regard for the traffic on, and the surfaces and width of the roadway, and in no event at a speed in excess of ten (10) kilometers per hour. I. STREETS CONSIDERED AS SCHOOL ZONE. – For the purpose of this Code, the following streets in the City are hereby declared as SCHOOL ZONE. a. That part of AD Curato Street, fronting the Agusan High School, from its corner with T. Sanchez Street on the North and Noli Me Tangere Street on the South; b. That part of AD Curato Street fronting the Butuan Central Elementary School from its corner with Datu Silongan Street on the North and P. Gomez Street on the South subject to 10 km/hr.; c. That part of San Francisco Street fronting Urios College (College Building) from its corner with J.C. Aquino Avenue on the South and Hon. Azote Street on the North;
d. That part of E. Luna Street fronting Urios College (elementary building) from its corner with Hon. Azote Street on the North and San Jose Street on the South; e. That part of Montilla Boulevard fronting Butuan City Colleges on its corner with Hon. Azote Extension on the north and J. C. Aquino Avenue on the south; f. That part of Del Pilar St. fronting the Agusan Colleges
(main building) from its corner Jose Basa on the South; Mindanao School of
g. That part of San Jose St. facing the Northern Midwifery;
h. That part of Montilla Boulevard fronting the Saint Joseph Technical Institute from its corner with Rosales Street on the North and T. Calo Street on the south;
That part of Montilla Boulevard facing the Timber City Academy up to the intersections of said Montilla Boulevard and J. C. Aquino Avenue; The corner of Del Pillar street going north to Magsaysay Bridge of Mateo B. Tupaz Streets facing the annex building of Agusan Colleges; The corner of Noli Me Tangere and Marcos M. Calo streets annex building of the Agusan Colleges; facing the
That part of the Langihan Road and the Ong Yiu Road facing the Ong Yiu Elementary School;
m. That part of Salvador Calo Ave. fronting Obrero Elementary School; n. That part of the National Highway fronting the Caraga State University;
o. That part of the road fronting the FSUU High School at Ambago, Libertad; and p. That part of the road fronting the Libertad National High School. II. SCHOOL CROSSING GUARDS. – All public and private nursery, kindergarten, primary and secondary schools are required to create and promote their own
school crossing guards. This part-time specialized work of the school staff or volunteer must be provided by the school with uniforms1 and traffic paraphernalias.
III. TRAINING FOR SCHOOL CROSSING GUARDS.- The respective schools shall ensure that their school crossing guards are properly and adequately equipped with appropriate knowledge on traffic rules and regulations. The City shall ensure that these crossing guards are afforded with such trainings by the LTTMO at no cost.2 IV. DUTIES, RESPONSIBILITIES AND POWER OF THE SCHOOL CROSSING GUARDS. – The crossing guards shall:3 1. Assist the students to cross the street safely to and from school and not act as an enforcement officer, however they will be encouraged to take note of drivers who encroach on the crosswalk in a dangerous manner; 2. Require motorists to stop and obey a school crossing stop sign;
3. Control vehicular traffic at designated crossings to allow children to cross safely; 4. Report children to school authorities/heads who fail to cooperate; 5. Serve as Liaison to Traffic Officers, parents and school heads; 6. Report all unsafe pedestrian conditions to the traffic management and in appropriate pedestrian behavior to the principal; 7. Provide for the students instruction relative to suggested routes to school and safe pedestrian practices; 8. Shall be prohibited from using intoxicants, smelling of alcohol will be relieved on the spot, and shall not smoke while on duty; 9. Shall only supervise a marked crosswalk that has been approved by the traffic authority; 10. Shall not stop or delay traffic unnecessarily, when large groups of students leave the schools at one time, cross them in groups; Report unruly students to the School Principal as well as students who are crossing outside the crosswalk area.
Section 3. HOSPITAL ZONES. – 1. No person shall drive a vehicle on any roadway within the hospital zones and grounds at a speed greater than is reasonable or prudent, having due regard for the traffic on, and the surfaces and width of the roadway, and in no event at a speed in excess of ten (10) kilometers per hour. 2. For the purpose of this Code, the following streets in the City are hereby declared as HOSPITAL ZONES. a. That part of Montilla Boulevard facing the M. J. Santos Clinic and Hospital up to the intersection of said Montilla Boulevard and J. C. Aquino Avenue; b. That part of San Jose Street facing the Butuan City Maternity Hospital; and c. That part of the national highway facing the Butuan Doctors’ Hospital.
Section 4. SPEED LIMIT SIGNS. – There shall b e installed and maintained in the zones mentioned in section 2 and 3 above, legible signposts indicating the speed restrictions set forth under this Code.
Section 5. PARKING AREAS AND PUBLIC PARKS.- No person shall drive a vehicle recklessly or negligently or at a speed or in such a manner as to endanger or injure persons or property in any parking areas or public parks. Section 6. SPEED CONTESTS. – No person shall be allowed under this Code to engage in or to aid or abet by whatever means, any motor vehicle speed contests or exhibition of speed on any street, roadways, alleys or highways within the City; except when the same is permitted by the City Council. Section 7. EXEMPTION. – The speed restrictions set forth in this Code shall not apply to the following instances: a. An authorized emergency vehicle responding to an emergency call; b. An emergency vehicle used in the pursuit of an violator of the law; c. actual or suspected
A firetruck or vehicle of the Bureau of Fire Protection responding to a fire alarm where the driver of the said vehicle sounds audible signal by bell or siren.
This provision of the Code shall not relieve the driver of the above-mentioned authorized emergency vehicles from the duty to drive with due regard for the safety of all pedestrians crossing the streets.
ARTICLE III PASSING, OVERTAKING AND TAIL GAITING
Section 1. DRIVING ON RIGHT SIDE OF THE ROAD- 1. In all the roads and streets and highways in the City, vehicles shall be driven upon the right lane thereof except under the following circumstances: a. When the right half of the roadway is closed to traffic while construction is in progress or being repaired; b. Upon a roadway designated and signposted for a one-way traffic. 2. A person driving a vehicle shall not be allowed to pass or overtake another vehicle in all streets and roadways in the City, except in emergency situations. Section 2. OVERTAKING A VEHICLE ON THE LEFT SIDE. – The following rules shall govern the overtaking and passing of the vehicles proceeding in the same direction: a. The driver of the vehicle overtaking another vehicle proceeding in the same direction, shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
b. The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until passed by the overtaking vehicle. Section 3. RESTRICTIONS ON OVERTAKING ON THE LEFT. – The driver of the vehicle overtaking and passing another vehicle on the left shall ensure that the left side of the road is clearly visible and is free from on-coming traffic for a sufficient time and distance ahead to permit such overtaking and passing will be made completely without interfering with the safe operation of any approaching vehicle from the opposite direction of the overtaken vehicle. Section 4. WHEN OVERTAKING ON THE RIGHT IS ALLOWED. – 1. No driver of a vehicle may overtake and pass another vehicle from its right side, except under the following conditions: a. When the vehicle overtaken is making or is visibly about to make a left turn; b. Upon a street or highway with unobstructed pavement, but occupied by parked vehicles, of sufficient width and with lanes marked for two or
more lines of moving vehicles in each direction; c. Upon a one-way street or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for at least two lanes of moving vehicles. 2. In any case when the driver of a vehicle will overtake and pass another vehicle from the right, he shall at all times exercise necessary caution ensuring that such movement is safe. Section 5. TAIL GAITING. -1. The driver of a vehicle shall not follow or tail gait another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the street or roadways in the City.
ARTICLE IV ONE-WAY STREETS
Section 1. ONE-WAY STREETS. – 1. Vehicular traffic on any one-way street or highway or portions thereof as designated by the City Council as a one-way street, shall move only in the direction indicated by signs erected and maintained thereon. 2. The streets or portions thereof described hereunder are hereby designated as one-way streets. s. SAN JOSE STREET (west to east direction). Starting from junction with Ester Luna Street on the West, then following San Jose Street up to the intersection with A. Mabini Street on the East.
HON. JOSE B. AZOTE Street (east to west direction). Starting from its junction with G. Flores Avenue and Marcos Calo Street on the East, then following Azote Street up to its intersection with Montilla Boulevard on the West. Provided, however, that the remaining portion of Hon. Azote Street known as Hon. Azote Extension, from Montilla Boulevard going further west, shall remain a two way street.
u. LOPEZ JAENA Street (west to east direction). Starting from its junction with Montilla Boulevard on the West then following Lopez Jaena Street up to its intersection with Apolonio Curato Street and G. Flores Avenue, on the
East. Provided, However, that the remaining portion of Lopez Jaena Street from Montilla Boulevard known as Lopez Jaena Extension, going farther west, shall remain as a two way street. Provided, further, that portion of Lopez Jaena Street, starting from Montilla Boulevard up to R. Calo Street shall be closed to traffic during Sundays particularly from 7:00 AM to 11:00 AM and from 5:45 PM to 7:00PM. v. VILLANUEVA STREET (east to west direction). Starting from its junction with G. Flores Ave., on the East, then following Villanueva Street up to its intersection with Montilla Boulevard, the remaining portion of Villanueva Street known as Villanueva Extension, from Montilla Boulevard going further west shall remain a two-way street. w. T. CALO STREET (west to east direction). Starting from its junction with R. Calo Street on the west, then following T. Calo Street up to its intersection with E. Luna Street and G. Flores Ave., on the east. Provided however, that the remaining portion of T. Calo Street, and from Montilla Boulevard, going further west up to its intersection with Gov. Rosales Ave. known as T. Calo St., shall remain as a two –way street. x. ROSALES STREET (east to west direction). Starting from its junction with G. Flores Ave., on the west, then following Rosales Street up to its intersection with Montilla Boulevard on the west. Provided, however, that the remaining portion of T. Calo St. from R. Calo St. going further west up to its intersections with Gov. Rosales Ave. y. G. FLORES AVENUE. From Azote St. to Lopez Jaena intersection. All the rest is two-way street. z. E. LUNA STREET (north to south direction). Starting from its junction with G. Flores Avenue Street on the north up to its intersection with San Jose Street in the South. Provided, however, that the remaining portion of E. Luna Street up to its intersection J.C. Aquino Ave. on the South (fronting the Roman Catholic Cathedral) shall remain a two way street. Provided, further, that the remaining portion of E. Luna Street from the intersection of San Jose Street up to its intersection with J. C. Aquino Ave. shall be closed to traffic during Sundays specifically from 5:00 am to 12:00 noon and from 4:00 pm to 8:30 pm only. aa. Marcos M. Calo Street (south to north direction). Starting from its
junction with Noli Me Tangere Street on the south, up to its intersection with G. Flores Avenue. bb. Portion of Datu Silongan from corner of A.D. Curato Street up to the corner of M. Calo St., going east. cc. The portion of P. Gomez Street from corner of M. Calo St. to A.D. Curato Avenue going west. dd. The road at the back of Langihan Market from J. Satorre Street up to Romulo Rosales Street where the former Gasoline station is located and up to J. Satorre Street. ee. Portion of A. D. Curato Street particularly that stretch from the junction of Gov. Jose C. Aquino Avenue to Noli Me Tangere Street going south. ff. Datu Silongan from corner A.D. Curato going east Gomez Street from M. Calo Street to A.D. Curato Avenue going west. gg. Portion of Marcos Calo Street, particularly that stretch from Noli Me Tangere Street to end of G. Flores St. hh. Portion of Noli Me Tangere Street, particularly that stretch from the corner of AD Curato Avenue to Marcos Calo Street going east. ii. Portion of San Francisco Street (south to North direction) from its intersection of T. Sanchez St., on the South up to R. Rosales St. on the North.4 jj. Portion of R. Calo Street (north to south direction) from its intersection of J. C. Aquino Avenue on the north up to Teofilo Sanchez Street on the South.
ARTICLE V RIGHT-OF-WAY
Section 1. VEHICLES APPROACHING OR ENTERING INTERSECTIONS. – It shall be incumbent of drivers of all vehicles approaching or entering any intersection to observe the following: a. The driver of a vehicle approaching an intersection shall yield the right-ofway to a vehicle which has entered the intersection from a different street.
b. When two (2) vehicles enter an intersection from different streets at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. Section 2. VEHICLES TO
YIELD RIGHT-OF-WAY.- Whenever any person driving a vehicle approaches an intersection with a “Yield Right-of-Way” sign facing him, he shall yield the right-of-way to any pedestrian within a marked or unmarked crosswalk at such intersection, or to any vehicle which is within such intersection or approaching so closely thereto as to constitute an immediate hazard. Section 3. EMERGING FROM AN ALLEY OR DRIVEWAY. – The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, driveway or building, and shall yield the right-of-way to any pedestrian as may be necessary to avoid hitting the pedestrian; upon entering the roadway, shall yield the right-of-way to all vehicles approaching said roadway.
ARTICLE VI STANDING, STOPPING AND PARKING
Section 1. STANDING, STOPPING AND PARKING ON “NO-PARKING STREETS.”- 1. No person shall stop, park or leave his vehicle standing whether attended or unattended upon the streets, roadways in the City which are declared as “NO-PARKING STREETS”. 2. This does not however, apply to the driver of a vehicle which is disabled while moving along the street or roadways, provided however that said driver shall display the necessary early-warning devices. Section 2. STANDING IN LOADING ZONES FOR LOADING AND UNLOADING ONLY. – No person shall stop, stand or park a vehicle for any purpose or period of time other than the expeditious loading and unloading of passengers which shall not exceed 5 minutes, in a place duly designated and marked as Passenger Curb Loading Zones. Section 3. DESIGNATED “NO PARKING STREETS.”- The following streets and roadways within the City are declared as “No Parking Streets”: Within the marked Pedestrian Lane; Within an intersection; On a crosswalk; Within six (6) meters of the intersection of curb lines; Within four (4) meters from the driveway of any fire station; In front of a private driveway; The whole span of J.C. Aquino Avenue from the foot of Magsaysay Bridge intersecting M. Calo Street to Narra Road; h. Streets in the Rizal Park except portions of E. Luna St., facing the Roman Catholic Church during Sundays and Holidays as well as during weddings, burials or special church services. Duly licensed PU Cars in Butuan City shall be allowed and given preference to park at the right side of San Jose
(West to East direction) facing Almont Hotel; a. b. c. d. e. f. g.
Southbound lane of Montilla Boulevard, from the pedestrian overpass (near Butuan City Colleges) up to the junction of Erigbuagas Street; Northbound lane of Montilla Boulevard from the south boundary line of M. J. Santos Hospital property up to the yellow box fronting Crown Thrifty Mart Building; Northbound lane of Apolonio D. Curato Street, from the corner of J. C. Aquino Avenue up to San Jose Street; Southbound lane of Gov. Jose Rosales Avenue, from the corner of J. C. Aquino Avenue up to the area fronting the south parking lot of Gaisano Mall; and both lanes of Ochoa Avenue, from the corner of J. C. Aquino Avenue and twenty (20) meters northward and southward.5 On the left side of all one-way streets except in the parking spaces provided by establishments situated in the area.
Section 4. REMOVAL, IMMOBILIZING OF ILLEGALLY STOPPED, PARKED VEHICLE. – 1.The TEB is hereby authorized to move or require the removal of any vehicle standing, stopped or parked upon the roadways, streets and highways of the City in violation of this Code under the following instances; a. When a vehicle parked or abandoned is so disabled as to constitute an obstruction to traffic and the driver or person(s) in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable move or provide for the vehicle’s removal. b. When a vehicle is left unattended upon any bridge in the City where such vehicle constitutes an obstruction to traffic. c. When a vehicle is left unattended or abandoned upon a road, street or alley and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of the traffic. d. When a vehicle is left unattended or abandoned on a street or in front of a public or private driveway so as to constitute an obstruction to vehicular traffic for those who use such driveway for the purpose egress and ingress.
e. When a vehicle is left unattended or abandoned on a street, road or portion thereof so as to interfere with or impede construction or repairs being made thereon; PROVIDED, adequate signs giving notice of on-going construction or repairs and prohibition of parking are properly posted. 2. The expenses incurred in the removal of such vehicle shall be borne by the owner/operator or driver of the vehicle. 3. The TEB is hereby authorized to immobilize any vehicle found violating the provisions on Parking Restrictions and Parking Prohibitions of any existing Ordinance of the City shall be immobilized by clamping any of the tire of the said violating vehicle using any vehicle immobilizer or any other special tool/gadget designated to immobilize violating motor vehicle.6
Section 5. AUTHORITY TO DISPOSE OF UNCLAIMED VEHICLES. – 1.Sixty (60) days after the TEB shall have taken custody or removed the vehicle as prescribed above, the TEB is hereby authorized to recommend to the City Mayor the disposal of such vehicles. Such disposition shall be at a public auction under such procedure as the City Mayor shall establish with the approval of the City Council. 2. Written notice of such public auction shall be sent to the last known address of the last known registered owner of the vehicles, at least fifteen (15) days prior to the date of the auction. 3. Any owner/operator, driver or persons legally entitled to such vehicle removed or taken into custody as prescribed above, may at any time prior to such auction pay to the Office of the City Treasurer all the costs and expenses relating to the removal, towing and storage of such vehicle. Section 6. PROHIBITED PARKING. –It shall be illegal for any person to park a vehicle upon any roadway for the principal purpose of: a. Displaying such vehicle(s) for exhibition or sale; b. Washing, greasing, or repairing such vehicle. Section 7. PARKING STALLS. – The TEB is hereby authorized and directed to establish, mark and designate parking stalls for the parallel or angle
parking of motor vehicles upon designated areas or streets. in Section 8. DESIGNATED PAY-PARKING AREAS.- The following the City are hereby identified and street/roads
designated as “Pay Parking Areas” where parallel or angle parking of motor vehicles are allowed. a. MARCOS CALO STREET (South to North Direction). The whole span of the right side thereof, starting from the corner with Gomez Street on the South up to its intersection with J. Flores street; b. A.D. CURATO STREET (North to south Direction). The whole span of both sides thereof, except that position along the sidewalk to Rizal Park, starting from its intersection with J.C. Aquino on the South up to its corner with Lopez Jaena Street and G. Flores Avenue on the North. c. SAN JOSE STREET (West to East Direction). The whole span of the right side thereof, starting from its junction with Ester Luna Street (formerly Conception Street) on the West up to its junction with Apolinario Mabini Street on the East and a portion of the left side thereof, starting form, its junction with Ester Luna Street on the West up to its intersection with A.D. Curato Street on the East.
d. ESTER LUNA STREET (Formerly Concepcion Street, North to South Direction). The portion of said street, particularly at the right sides thereof, starting from its corner with Villanueva Street on the North up to its junction with San Jose Street on the South.
e. HON. AZOTE STREET (East to West Direction). The portion of said street, particularly at the right side thereof, starting from its intersection with Marcos Calo Street on the East up to its corner with San Francisco Street on the west. f. G. FLORES AVENUE (north to South Direction) The whole span of G. Flores Avenue particularly the right side thereof, starting from its junction with David Rosales Street on his North up to its intersection with Lopez Jaena and A.D. Curato Streets on the South.
g. VILLANUEVA STREET (East to West Direction) Portion along the right side,
provided that old westbound PUJs may park along Villanueva Extension. h. DAVID ROSALES STREET (East to West Direction) The portion of said street, particularly at the right side thereof, starting from its junction with G. Flores Avenue on the East up to its intersection with Montilla Boulevard on the West, except that portion from the corner of San Francisco Street up to its intersection of R. Calo Street. Section 9. RATE OF PARKING FEES. – Vehicles parking in the above designated parking stalls shall be charged a corresponding fee listed herein below: a. First Five hours – Fifteen (P15.00) pesos or any b. Succeeding hours – Five (P5.00) pesos per hour. c. Monthly fee – of Three Thousand (P 3,000.00) pesos. Section 10. EXEMPTIONS. The driver or operator is exempted from paying parking fees if he meets any of the following conditions: a. Short stops not exceeding seven (7) minutes; b. Loading and unloading of merchandise on and from vehicles owned or hired by owners of stores in the area. After loading or unloading the vehicle must leave, otherwise it shall be subject to the parking fee herein above provided; c. Parking between 10:00 o’clock P.M. up to 5:00 o’clock A.M.; and d. Government–owned motor vehicles parked while in the personnel on board are performing official functions. Section 11. DUTIES OF A PARKING FEE COLLECTOR (PFC). – 1. The duly assigned PEC shall issue the corresponding official parking ticket to the driver of the parked vehicle in the designated parking stall or areas and collect the corresponding fee. Upon receipt of the parking fee from the driver, the PEC shall at all times issue said driver with an official receipts reflecting the amount paid. fraction thereof.
2. Any collector who fails or refuses to issue an official receipt for payment received shall be severed from his position and shall be punished by an imprisonment of not more that Thirty (30) days or a fine of not more that One Thousand (P 1,000.00) or both such fine and imprisonment at the discretion of the court.
ARTICLE VII PLATE NUMBERS AND STICKERS
Section 1. DISPLAY OF PLATE NUMBERS AND STICKERS. – Drivers, owners and
operators of vehicles are required to firmly attach and display the plate numbers of their vehicles in a manner that it is legible and visible from both the front and rear portion of their vehicles. Stickers showing the vehicles’ current registration shall likewise be displayed. Further, it shall be prohibited for any driver, owner or operator to attach to his vehicle any dirty or tampered license plate and sticker. Use of, attaching commemorative plate in any vehicle is likewise prohibited unless the driver, owner, operator has a special permit from the LTO.
ARTICLE VIII VEHICLE EQUIPMENT AND ACCESSORIES
Section 1. SCOPE. – Any driver, owner or operator of vehicles is prohibited to drive, move said vehicle in any street, road, alley in the City knowing that the same is in an unsafe condition or the same does not contain parts, equipment or accessories necessary for the safety of its passengers. Section 2. LAMPS ON PARKED VEHICLES. – It is hereby required that when a vehicle is parked or stopped on the City streets, roads, alleys other than those that are designated as PAY-PARKING AREAS, during the time between sunset and sunrise, a red light shall be displayed at the rear part thereof and the same shall be visible from a distance of at least 200 feet. Provided, that no lights shall be required of such vehicle when the same vehicle has a red reflector in its rear part and the same is visible from a distance of 200 feet. Section 3. SIGNAL LAMPS. – All vehicles plying the City routes is hereto required to be equipped with signal lamps or devices, such as: a. Stop Lamps on the rear which shall emit a red light upon application of the service (foot) brake and shall be visible from a distance of 100 feet; b. A lamp or any mechanical signal device that indicates the driver’s intention to turn right or left and which shall be visible from the front and rear part. Section 4. HEAD LAMPS. – 1.Vehicles other than motorcycles, tricycles, bicycles or motorized scooters shall be equipped with at least two (2) headlamps mounted on each side in front. 2. Motorcycles, motorized scooter are required to be equipped with at least one headlamps in front thereof and shall have sufficient intensity to reveal a person or vehicle at a distance of at least 100 feet in front.
Section 5. SPOT LIGHTS. – It shall be prohibited for any person, driver, owner, operator to mount and/or use any spot light on his vehicle while in motion upon any street, road or highway in the City. Section 6. SEAT BELTS. – 1. It shall be required of all owners and operators of four -wheeled vehicles plying in the City roads/streets to equip said vehicles with appropriate seat belts; drivers and passengers of said vehicles are further required to use the seatbelts when the vehicle is in transit. 2. Owners and operators of PUBs and PUJs are likewise required to equip their vehicles with appropriate accessory that will ensure safety of its passengers while the vehicle is in transit. Section 7. DISPLAY OF EARLY WARNING DEVICES.- Whenever a vehicle is disabled upon the travelled portion of any road, street, alley or highway in the City at any time, the driver shall display early warning devices.
CHAPTER IV ROUTES, PICK-UP AND DROP POINTS, LOADING AND UNLOADING AREAS, AND DISPATCHING ARTICLE I PUBLIC UTILITY JEEPNEY (PUJ) ROUTE
Section 1. ROUTES FOR PUBLIC UTILITY JEEPNEY(PUJ). All PUJs coming in and out of the City shall use and pass only through specifically designated routes as herein described in the succeeding section. Section 2. DESIGNATED STREETS AND ROADS AS PUJ ROUTES. 7 –For the purpose of this Code, all PUJs plying the City streets are required to use only the designated routes as follows: 3.1 East Travel Lines: Incoming: From J. C. Aquino Avenue → turn right to R. Calo Street → turn left to Montilla Street → turn right to Langihan Road → turn right to the road at the back of the old tennis court then proceed towards the road beside the lagoon → turn right to Andaya Road and proceed towards the terminal. Outgoing: From the terminal → turn right to Salvador L. Calo Avenue → turn right to Montilla Boulevard → turn left to J. C. Aquino Avenue towards its destination. 73.2 West Travel Lines: Incoming: From the national highway → turn left to
Balanghai Road towards Paradise Subdivision → turn left to Libertad-Ambago Road → turn right to Doongan-Ambago Road then proceed towards Mayor Salvador L. Calo Avenue → turn right to the road beside the lagoon → turn left to Andaya Road and proceed towards the terminal. Outgoing: From the terminal → turn right to the road fronting the terminal → turn left to Mayor Salvador L. Calo Avenue and proceed towards the Doongan-Ambago Road → turn left to Libertad-Ambago Road → turn right to the Balanghai Road and proceed toward Barangay Libertad → and turn right to the national highway. 3.3 South Travel Lines: Incoming: From the south proceed to Ochoa Avenue → turn right to Mayor Salvador L. Calo Avenue and proceed towards the road beside the lagoon → turn left to Andaya Road then proceed towards the terminal. Outgoing: From the terminal → turn left to Mayor Salvador L. Calo Avenue → turn left to Ochoa Avenue then proceed to points of destination. 3.4 North Travel Lines: Incoming: From the north, proceed to Mayor Salvador L. Calo Avenue → turn right to the road beside the lagoon → turn left to Andaya Road then proceed towards the terminal. Outgoing: From the terminal → turn right to Andaya Road → turn left to the road beside the lagoon → turn left to Mayor Salvador L. Calo Avenue then proceed towards Doongan-Ambago Road to points of destination. Section 3. PENALTY.- Any driver, owner, or operator of PUJs caught using or plying in the City streets, roads outside of those specifically enumerated in the preceding section shall be punished by a fine described hereunder: First Offense – Administrative fine of Three Thousand Pesos (P3,000.00);
Second and Succeeding Offenses – Administrative fine of Five Thousand Pesos (P5,000.00) or an imprisonment of thirty (30) days or both such fine and imprisonment at the discretion of the Court.8
ARTICLE II PICK-UP AND DROP POINTS For PUJs
Section 1. PICK UP AND DROP POINTS FOR PUJs. -The following areas are designated as pick up and drop off points: A. Pick – up Points: 1) Eastbound PUJs i. Outermost right lane going east along J.C. Aquino Avenue fronting Arocha Enterprises, specifically for PUJs bound for Cabadbaran. ii. Outermost right lane going east along J.C. Aquino Avenue, fronting Waiting Shed adjacent to the Northside of the PNP Compound, specifically for PUJs bound for Bayugan. 2) Westbound PUJs i. Outermost right lane going South, along Montilla Boulevard across SJIT. ii. In front of the VJC Video Planet Establishment along J.C. Aquino Avenue.
B. Drop Off Points: 1) East Bound PUJs i. ii. iii. Outermost right lane going North, along G. Flores Avenue fronting Villahermosa Enterprises for PUJs both coming from either Cabadbaran, Agusan del Norte and Bayugan. Outermost right lane going East, along J.C. Aquino Avenue, across that Pick-up Point, facing VJC Video Planet establishment. Outermost right lane going north, along Montilla Blvd.
ARTICLE III PUBLIC UTILITY BUS (PUB) ROUTESSection 2. DESIGNATED ROADS AND STREETS AS PUB ROUTES. The following routes are hereby designated as routes for PUBs coming in and out of the City: a. FROM EASTBOUND ROUTES Entry – From J.C. Aquino Avenue – right turn to R. Calo St. – left to Montilla Boulevard – left turn to Salvador L. Calo Ave. – left turn to the road along the lagoon – then to the Bus Terminal. b. TO EASTBOUND ROUTES Exit – From Bus Terminal – right turn to the road along the lagoon – right turn Salvador L. Calo Ave. – right turn to Montilla Blvd. – left turn to J.C. Aquino Ave. – then to the destination. c. FROM WESTBOUND ROUTES: Entry – From J.C. Aquino Avenue, left turn to Doongan Road, Barangay Hall right turn to S.L. Calo Ave. – right turn to the road along the lagoon – then to the Bus Terminal. d. TO WESTBOUND ROUTES Exit – From Bus Terminal to Salvador L. Calo Ave. via road along the lagoon – left turn to Holy
Redeemer Road – City Hall – Jose Rosales Ave. – right turn to DBP to destination.
ARTICLE IV LOADING AND UNLOADING AREAS FOR PUJs and PUBs
Section 1. DESIGNATED LOADING AND UNLOADING AREAS FOR PUJs. Soliciting or picking up of passengers in areas other than the terminal is strictly prohibited. Unloading of passengers shall only be at the areas designated by the LTTMO for the purpose.9 Section 2. DESIGNATED LOADING AND UNLOADING AREAS FOR PUBs. -1. The only loading area within the City designated for the PUBs going East is the right side of Gov. Jose C. Aquino Avenue due East, infront of the Urios Gym. 2. PUBs coming from the West shall be allowed to unload passengers or cargoes at the right side of Gov. Jose C. Aquino Avenue due North, starting eight (8) meters from its corner with Gov. Jose Rosales Avenue. Section 3. REGULATED ACTS. All PUVs including tricycles, public utility jeepneys, and public utility buses shall be allowed to load and/or unload passengers and/or cargoes only in the terminals and in the designated loading and unloading areas within the City.
Section 4. PENALTY. –Any person who violates any provision of this Article shall be punished with an imprisonment for a period of one (1) month or a fine of P2,000.00 or both such fine and imprisonment at the discretion of the court. Provided, however, that no criminal prosecution may be initiated if the offender pays the administrative fine as follows: first offense second offense third offense fourth and succeeding offenses -P 100.00 – 300.00 – 600.00 – 1,000.00
ARTICLE V AUTO CALESA (AC for Brevity) ROUTE
Section 1. REGULATED ACTS. -All drivers or operators of registered auto calesa (AC) shall use only the routes designated for the purpose as herein
below provided and as may hereinafter prescribed by the Sangguniang Panlungsod per recommendation by the LTTMO. Section 2. DESIGNATED INTRA-CITY ROUTES. The following hereby designated as intra-city routes for auto-calesa (AC) in Butuan City: routes are
a. ROUTE 1 – Bancasi-Libertad-J.C Aquino Avenue-right turn to A.D. Curatoright turn to F. Durano St. right turn to Montilla Boulevard-left turn to J.C. Aquino Avenue and vice versa; b. ROUTE 2 – Bancasi-Libertad-J.C. Aquino Avenue-left turn to Montilla Boulevard-right turn to T. Calo St. right turn to E. Luna Street – right turn J.C. Aquino Avenue and vice versa; c. ROUTE 3 – Bancasi-Libertad-J.C. Aquino Avenue-right turn to A.D.Curato St.-left turn to Datu Silongan St. (Formerly Del Pilar St.)-left turn to M. Calo St- G. Flores Avenue- left turn to M. Calo St- G. Flores Avenue- left turn to Rosales St.-left turn to J. Rosales Avenue-right turn to J.C. Aquino Avenue and vice versa; d. ROUTE 4 – Bancasi-Libertad-J.C. Aquino Avenue-right turn to A.D.Curato St.- left turn to Teofilo Sanchez St.-left turn to M. Calo St.- G. Flores Avenue-left turn to Rosales St.-right turn to Montilla Boulevard-U-Turn at Salvador Calo Avenue-right turn to Andaya Road-Butuan City TerminalLangihan Public Market-J. Satorre St.- City Hall- J. Rosales Avenue-right turn to J.C. Aquino Avenue and vice versa; e. ROUTE 5 – Bancasi-Libertad-J.C. Aquino Avenue-right turn to Capitol Avenue-Capitol Drive-Pizarro St.- F. Durano St.- left turn to AD Curato St.right turn to T. Sanchez St.- left turn to M. Calo St.-left turn to Burgos St.left turn to R. Calo St.-right turn to J.C. Aquino Avenue and vice versa; f. ROUTE 6 – Bancasi-Libertad-J.C. Aquino Avenue-left turn to J. Rosales Avenue-City Hall-J. Satorre St.- Langihan Public Market (passing the circumferential road)- right turn to Langihan Road, left turn to T. Calo St. right turn to Montilla Boulevard-left turn to J.C. Aquino-right turn to AD Curato St.- right turn to F. Durano St.- Pizarro St.- left turn to Capitol Drivestraight to Capitol-Bonbon Road- then Libertad and vice versa; g. ROUTE 7 – De Oro- Camayahan-Ampayon – J.C. Aquino Ave. right turn to Calo St.— right turn to T. Calo St.- left turn to G. Flores Ave.- left turn Rosales
St.-right turn to Montilla Blvd.-left turn to Andaya Road-left turn the circumferential road -J. Satorre St.- City Hall- Gov. Rosales-left turn J.C. Aquino Ave. and back to the point of origin; R. to to to
h. ROUTE 8 – From the East upon entering the city proper, will go through J. C. Aquino Avenue up to the intersection of DBP then right turn to Gov. Rosales Avenue towards City Hall, passing through the East Side of the City Hall Rotonda, then right turn at Gov. J. Satorre St., then right turn to the Langihan Circumferential road, then left turn to Langihan Road then right turn to Jose P. Laurel Street towards the lagoon, right turn at Andaya Road, right turn at North Montilla Boulevard, then finally left turn at JC Aquino Avenue towards Barangay Sto. Niño Terminal and vice versa. Provided however, that the AC which shall use the said route shall bear the color coding description of Light Green Body. i. ROUTE 9 – Bound for Libertad-Ambago-Salvador L. Calo Avenue-right turn to J. Satorre-right turn to circumferential road at Salvador L. Calo Premium Market-right turn to Langihan road-right turn to T.Calo Street-left to Gov. Rosales Avenue-right turn to J.C. Aquino Avenue (highway) to destination; and ROUTE 10 – Plying along the National Highway from Bancasi to Ampayon via the New Butuan City Medical Center, this City and vice versa.
Section 3. DESIGNATED INTER-CITY ROUTES-The following routes are hereby designated as inter-city routes for auto-calesa (AC) in Butuan City operating under the colorcoding scheme. They shall have the corresponding identity and travel lines, as follows 10: a. ROUTE 11 –Those ACs that have the following marks: 1. color code – red with silver stripe 2. route mark – black on red background 3. slogan ROUTE MARK: Libertad, Capitol-Bonbon diversion road drop by Otis Mall Terminal, J. Flores Avenue, J. Satorre Avenue, Langihan Road, T. Calo Extension, Montilla Boulevard, JC Aquino Avenue. A.D. Curato Street, Sanchez Street, Montilla Boulevard, Pili Drive, Ochoa Avenue, JC Aquino Avenue, J. Rosales Avenue, Capitol-Bonbon Road then drop by Otis Mall Terminal towards Libertad and viceversa.b. ROUTE 12 – Those ACs that have the following marks: 1. color code – yellow with silver stripe 2. route mark – black on yellow background 3. slogan ROUTE MARK: Amparo, Bit-os, Mandacpan, San Vicente, South Montilla Boulevard, Durano Street , M. Calo Street, G. Flores Avenue, Rosales Street, Montilla Boulevard, Andaya Road, Langihan, J. Satorre Street, City Hall, J. Rosales Avenue, Villa Kananga Road towards Barangay Amparo, vice-versa. c. ROUTE 13 -Those ACs that have the following marks: 1. color code – green with white rays 2. route mark – black and green background 3. slogan ROUTE MARK: Banza, Maug, Mahogany, Baan Highway, Montilla Boulevard, Andaya Road, Langihan, J. Satorre, City Hall, J. Rosales Avenue, J.C. Aquino Avenue, vice versa. Section 4. DESIGNATED LOADING AND UNLOADING AREAS FOR ACs. The loading and unloading points within the poblacion are the following areas: 1) For ACs going outside the Poblacion/West Bound: a. The right side of Gov. Jose C. Aquino Avenue due West starting six (6) meters after the nearest corner with Ester Luna Street; b. The right side of Gov. Jose C. Aquino Avenue due West, starting seventy (70) meters after the nearest corner of the intersection with Montilla Boulevard; c. The right side of Gov. Jose C. Aquino Avenue due west, starting six (6) meters after the corner of the intersection with Elisa Ochoa Avenue; d. The right side of Gov. Jose C. Aquino Avenue due West, before reaching the intersection with Gov. Jose Rosales Avenue. Provided, that the 6-meter distance from the nearest corner should be left vacant; e. The right side of Gov. Jose C. Aquino Avenue due West, twenty (20) meters away after the junction of Imadejas Road; f. The right side of Gov. Jose C. Aquino Avenue due West, in front of its junction with DAR Subdivision Road; – black letter – red letter
g. The right side of Gov. Jose C. Aquino Avenue due West, in front of its
junction with Luz Village Subdivision Road; h. The right side of Gov. Jose C. Aquino Avenue, due West, in front of Butuan Doctors’ Hospital; i. j. 2) The right side of Gov. Jose C. Aquino Avenue due West, six (6) meters after its junction with the road leading to the Provincial Hospital; and The right side of Gov. Jose C. Aquino Avenue due West, six (6) meters, after its junction of the road leading to Ambago. For ACs coming from the West (Libertad): a. The right side of Gov. Jose C. Aquino Avenue due East, in front of Libertad Public Market; b. The right side of Gov. Jose C. Aquino Avenue due East, opposite Butuan Doctors’ Hospital; c. The right side of Gov. Jose C. Aquino Avenue due East, starting six (6) meters after this junction with Luz Village Subdivision road; d. The right side of Gov. Jose C. Aquino Avenue due East, starting six (6) meters from its junction with DAR Subdivision road; e. The right side of Gov. Jose C. Aquino Avenue due East, starting six (6) meters away after its junction with Imadejas Subdivision road; f. The right side of Gov. Jose C. Aquino Avenue due East, starting after a distance of six (6) meters from the eastern intersection with Capitol Avenue;
g. The right side of Gov. Jose C. Aquino Avenue due East, in front of VJC Video Planet establishment; h. The right side of Jose C. Aquino Avenue due East, in front of the Central Police Station (between waiting shed and the stage); i. The right side of A.D. Curato Street due South, in front of the Butuan Central Elementary School; j. The right side of A.D. Curato Street due South in front of the Agusan National High School; and k. The right side of G. Flores Avenue due North, near the Fire Station Office.
ARTICLE VI DISPATCHING
Section 1. REGULATING DISPATCHING.For purposes of this Code, only authorized dispatchers or dispatchers’ association may engage in dispatching activity in terminals, pick-up or drop points, and loading and unloading zones in the City. Such dispatching activities shall be regulated in a manner that: 1. They shall only be 2. Dispatchers shall have a written contract with duly registered PUJ Operator, or PUJ Operators and Drivers’ Organizations. 3. TEB shall supervise and monitor activities of these authorized Dispatchers. Section 2. PENALTY.- Violation or non-implementation of any provision of this Article shall be punished by: a. A fine of P300.00 for the 1st Offense; P500.00 for the second offense; P750.00 for the 3rd Offense, in addition to the cancellation of dispatching license, or imprisonment of not more that 15 days or both such fine and imprisonment at the discretion of the Court. b. The driver, operator who allows unregistered/unlicensed dispatchers to perform dispatching activities shall be fined with P300.00 for the 1 st Offense, P500.00 for the 2nd Offense; P750.00 for the 3rd Offense plus cancellation of his driver’s license or imprisonment of not more that 15 days or both such fine and imprisonment at the discretion of the Court. c. Operator, whose driver commits the 3rd Offense shall be fined P2,000.00 on top of the suspension of his operation for not more that 1 month. d. Any TEB or PNP Traffic Enforcer who fails to enforce this Article shall suffer administrative sanctions.
CHAPTER V TERMINALS
ARTICLE I BUTUAN BUS TERMINAL
Section 1. ESTABLISHMENT OF A BUS TERMINAL. – The City cognizant of its obligation to deliver efficient public service to its constituents particularly to the riding public, hereby establish, operate and maintain a Bus Terminal at the Butuan Trade Center. Section 2. ADMINISTRATION, OPERATION AND MAINTENANCE OF THE BUS TERMINAL. – For an efficient administration of the operation and maintenance of the Bus Terminal, there is hereby created a City Terminal Management Team (CTMT) which shall be responsible for the efficient and effective administration of the operation and maintenance of the Bus Terminal. The same shall be directly under the supervision of the Office of the City Mayor. Section 3. COMPOSITION, DUTIES AND OBLIGATIONS OF CTMT. – The City Administrator shall act as Executive Director of the CTMT, he shall be assisted by the City Assessor, City Treasurer and City Chief of Police. As a management team, CTMT shall be responsible for ensuring effective and efficient service of the terminal to
the riding public. The CTMT may employ the services of other personnel it may deem necessary to enforce its function of effective and efficient administration, peaceful operation of the Bus Terminal. 1. The functions of CTMT shall include but not limited to the following: a. Develop rules and policies that will ensure
effective, efficient management of the Bus Terminal; b. Ensures that the riding public using the services and facilities of the Bus Terminal shall at all times safe and secure; c. Ensures that there is always order in the day to day operation of the Bus Terminal; d. Recommends to the City Mayor the area(s) in the Bus Terminal to be offered for lease/rent to the public; e. Ensures that lessees and stall holders in the terminal comply with the requirements set by the appropriate law or order; f. Ensures the maintenance the usefulness of the facilities and sees to it that premises are in clean and sanitary condition; and g. Performs such other function(s) as assigned by the City Mayor. Section 4. PROHIBITED ACTS INSIDE THE BUS TERMINAL. –The CTMT is specifically directed to ensure that none of the following acts are committed inside the Bus Terminal: 1. Maintenance services and major repairs on any vehicle; 2. Reckless driving; 3. Drinking of liquor by any person; 4. Spitting and littering at the terminal area; 5. Urinating and defacating in areas in the Terminal other than the Comfort Rooms; 6. Carrying by any person of any deadly weapon including but not limited to guns, knives and bolos. Section 5. PENALTY.- Any person who violates any provision of this Article shall be punished by a fine of not less than Five Hundred Pesos (P 500.00) nor more than One Thousand Pesos (P1,000.00) or an imprisonment of thirty (30) days or both such fine and imprisonment at the discretion of the Court. Section 6. PORTERAGE, CARGO HANDLING AND DISPATCHING SERVICES IN THE BUS TERMINAL.- To ensure that the riding public will be afforded with convenience while using the facilities of the Bus Terminal, the Code hereby allows the offer of porterage, cargo handling and dispatching services in the Terminal, provided that: 1. The porterage and cargo handling services and dispatching activities shall only be provided by a cooperative or group, duly registered with the concerned agencies, after being granted a franchise3. Passenger/s who desire to carry their own cargoes/baggage shall not be obliged to avail of the services of the said porters and handlers; 4. Passenger/s shall be afforded with utmost courtesy by the porters and handlers; and 5. Cargoes damaged due to mishandling of the porter(s) shall be the responsibility of the cooperative/group and the cargo/baggage owner shall be given due compensation by said cooperative/group. Section 7. EXPANDING THE AREA OF THE BUS TERMINAL.-The Sangguniang Panlungsod may, upon recommendation of the City Mayor, designate additional area or areas where the Butuan Bus Terminal may expand, and the same shall be deemed to be within the jurisdiction of the City Terminal Management Team.
ARTICLE II AMPAYON “PAY-PARKING” TERMINAL
Section 1. “PAY-PARKING” TERMINAL FOR PUBs, PUJs and CARGO TRUCKS. There is hereby designated and established as pay-parking or terminal for PUBs, PUJs and cargo trucks for hire. Section 2. LOCATION.- The City hereby designates as pay-parking terminal for the PUBs, PUJs and Cargo Trucks the vacant lot owned by the City Government located at Barangay Ampayon, particularly described as follows: “On the North existing City Government Subdivision; On the South highway junction from Butuan to Surigao and to Davao; On the East by lot owned by Dr. Boy Briones; On the West by lot owned by Johnny Lou.” Section 3. RATE OF PARKING FEES.- As intended under this Code, only PUBs, PUJs and Cargo Trucks will be allowed to park in the Ampayon Pay Parking Terminal. Parking will be charged with corresponding fees listed herein below: a. First Five hours – Fifteen (P15.00) pesos or any b. Succeeding hours – Five (P5.00) pesos per hour c. Monthly fee of Three Thousand (P 3,000.00) pesos fraction thereof.CHAPTER VI MOTORIZED TRICYCLE-FOR-HIRE, MOTORIZED TRISICAD-FORHIRE, SINGLE
MOTOR-FOR-HIRE AND MOTORELA ARTICLE I REGULATING OPERATION OF MOTORIZED TRICYCLE-FOR-HIRE, MOTORIZED TRISICAD-FOR-HIRE, SINGLE MOTOR-FOR-HIRE AND MOTORELA-FOR-HIRE Section 1. AUTHORITY TO REGULATE.-The authority to grant the necessary franchise or permit to operate a tricycle-for-hire, motorized trisicad-for-hire, single motorfor-hire and motorela-for-hire is vested upon the Sangguniang Panlungsod. The same shall likewise provide for the proper identification, marking and numbering of all said vehicles awarded with the appropriate franchise or permit to operate. Section 2. REGISTRATION AND FRANCHISING OF TRICYCLES FOR-HIRE.Only tricycles that are duly registered and has the appropriate franchise/permit to operate shall be allowed to ply the streets of the City. Section 3. PROCEDURE OF REGISTRATION. 11 -The procedure will be as follows: new registration
Step I. Secure application forms from the Permits and Licensing Division, City Mayor’s Office, and fill-up the same. Initial evaluation of the application will be made to determine if the applicant is qualified. Step II. Proceed to City Engineer’s Office-Motor Pool for inspection of the units as to its roadworthiness and particularly in its capability to transport passengers safely and efficiently. Among the foremost parts and accessories to be checked are: a. Mechanical System b. Electrical System – including headlights, brake lights and signal lights c. Brake System – hand and foot brakes d. Rear and Front Reflectors e. Body panel, upholstery and body paint should be presentable and in good condition.
Step III. Proceed to LTTMO for verification of Any existing traffic violations of owners/drivers and to undergo seminar on traffic rules and regulations. Step IV. Payment of Franchise Verification Fee of Fifty Pesos (P50.00) at the City Treasurer’s Office and thereafter, secure endorsement from the Permits and Licensing Division, City Mayor’s Office. Step V.
Proceed to Office of the Sangguniang Panlungsod for the application or renewal of franchise. Step VI. Once, franchise application or renewal is approved by the Sangguniang Panlungsod, proceed to Permits and Licensing Division, City Mayor’s Office, for the final evaluation and compliance of other requirements. If disapproved, make the necessary corrections on the deficiencies based on the findings and recommendations of the Sangguniang Panlungsod. Step VII. Payment of all necessary registration fees at the City Treasurer’s Office. Step VIII. Secure your MTOP. Section 4. . REGISTRATION PERIOD. 12 -Registration shall be made on the following months: January – Motorela, Motorized Tricyle and 2-Seater Tricycle July September November – Trisicad – Single Motor – Motorized Trisicad
Provided, however that tricycles-for-hire plying the Western Suburb Routes shall register on the month of November.13 Section 5. MINIMUM PHYSICAL REQUIREMENTS FOR TRICYCLES-FOR-HIRE. Every tricycle-for-hire shall be strongly-built, well balanced, with pneumatic rubber tires and neatly painted, shall have firm connection, upholstered seat with its side and backrest provided with two (2) lamps with clear light at the front, with waterproof top, curtains and rain aprons, and shall be provided with horns for warning purposes, and must comply with the following minimum requirements and specifications: a. PRIME MOVER AND CAB:
1. The power rating for motorcycle to be used as prime mover will be 75cc. to 155cc. (engine displacement); 2. The cab must be attached firmly and securely to the prime mover; and 3. The type of the cab should be the standard six seater with two passengers at the right side of the driver and four at the back or four-seater with two passengers at the right side of the driver and two at the back. b. TOPPING: 1. The cab must be provided with a topping, side and front covers to insure shade from the sun and shelter from rain; 2. Support of topping and sides must be strong enough to withstand maximum load; 3. Maximum number and size of post – 10 pcs. 3/8 inches round iron bar; 4. Minimum size of topping ribs – ¼ round iron bar; 5. All joints must be welded or bolted securely; 6. There must be an optional baggage compartment at the top flooring and sidings must be made of steel plate. Minimum thickness is Gauge 20”; 7. Cab body to be welded or lap-bolted, to auxiliary chassis; 8. All joints to be welded or lap-bolted; 9. Sidings and floorings must be free of sharp edges; and 10.Space must be provided for baggage compartment. c. SEAT AND BACKREST. Seat and backrest must be upholstered and encased securely to a framing: 1. Minimum size of framing ½” x 1/8” single iron. d. LIGHTINGS. In addition to the lighting of the prime mover (motorcycle), lights must be provided on the cab, one (1) for headlight, two (2) for tail light and one (1) for interior lighting: 1. Cab headlight must be placed rightmost (outermost of the cab having a maximum of 6” clearance from the edge), besides the headlight attached to the front of the motor’s body; 2. Cab tail light must be placed on both outermost sides of the cab’s rear end, leaving a maximum clearance of 3” inches from the body edge; 3. Interior light must be placed provided with a minimum clearness of a 6-watt bulb; and 4. Gadget to dim the headlights when meeting other vehicles during the night. e. CHASSIS FRAMING:
1. Attachment place 4”X6”X3/16 steel plate bolted to motorcycle anchor with minimum of 4 pieces each ½” steel bolts. The 1” GI pipe welded to the attachment plate with reinforcement bracket (2”-2” leg); 2. Joint with 90° elbow joint, tightened and welded at below edge; 3. 90° bent or 90° elbow joint, tightened and welded at below elbow edge; reinforced with plate 1/8” thick (1”-2” leg);
4. Welded joint with reinforced plates 1/8” thick steel plate; and 5. Minimum size of third wheel must be 26 x 2 ½, 4-ply with heavy duty tire rim, sitting on bearings with 5/8” axle shaft, third wheel must be covered with mud guard. f. Cab to Chassis Attachments: Spring – 1. Cab must be attached to the chassis framed by leaf springs, minimum of two (2) leaves jeep spring
per side. The front end of this main spring should be hinged on bracket strong to withstand the load, rear end must be shackled, bracket must be 1/8”. Spring must be U – bolted or clamped top the axle with no less than 3/8” U – bolt; 2. It must be also provided with stabilizer of at least one (1) leaf keep spring, also attached similarly to the main spring; and 3. Spring bracket block must be welded strongly to the auxiliary chassis. Section 6. FRANCHISING FEE.- Franchise Verification Fee shall be collected once a year on or before the anniversary date of the MTOP, unless another schedule is set by the Sangguniang Panlungsod. Filing Fee shall be collected upon application for an MTOP based on the number of units. Section 7. RESTRICTIONS IN OPERATING TRICYCLES.- Any driver or operator of a tricycle possessing a City-issued valid franchise or permit to operate shall be allowed to ply only along the designated City streets subject to the following restrictions: 1. No tricycle shall be allowed to ply on national highways such as in Jose Aquino Avenue which roads are normally used by 4-wheel vehicles greater than 4 tons and where normal speed exceed 40kph, except, however in emergency situations where the tricycle is carrying a passenger necessitating transfer to a hospital; 2. No driver of a tricycle shall refuse to convey any passenger, except when the refusal is due to force majeure or when the tricycle is obviously out of order.
3. No person operating or driving a tricycle shall load his vehicle with more than six (6) passengers. He shall not load freight or cargo that will unduly inconvenience the passengers or will cause serious danger to the public. 4. Tricycles are allowed to pass Jose C. Aquino Avenue (formerly Zamora Street) from the foot of the Magsaysay Bridge to the Development Bank of the Philippines (DBP) at the outermost lane or both sides of the road from 8:00 o’clock in the evening up to and until 5:00 o’clock in the morning, provided that: i. ii. iii. iv. It shall not move at a speed exceeding 20 kilometers per hour; It shall not overtake any vehicles in its lane; It shall not swerve to any of the inner lanes; and It shall observe one route on either way.
5. Tricycle operators shall employ only drivers duly licensed by the Land Transportation Office. 6. Owner, operator or driver shall not fake or display any identification, marking or numbering on its tricycle purporting the same to be issued and made by the City. 7. The driver, owner or operator of a duly registered tricycle is required to install a silencer in the vehicle’s muffler. 8. The grantee of MTOP must carry a common carrier’s insurance sufficient to answer for any liability it may incur to passengers and third parties in case of accidents. Section 8. PENALTY. – 1. Any owner or operator of a tricycle-for-hire who violates any pertinent provision of this Article, apart from any administrative sanctions and fines under existing laws and ordinances, shall upon conviction, suffer the penalty of a fine of not less than P1,000.00 nor more than P3,000.00 or imprisonment of not less that thirty (30) days nor more that six (6) months, or both such fine and imprisonment at the discretion of the court. 2. If the violation is committed by a corporation, partnership, cooperative, or association, the penalty shall be imposed upon the President, Director or directors, manager, managing partner, or other officials responsible for such violation. The penalty herein provided shall be without prejudice to the revocation of the MTOP by the permits and licensing division. 3. Any driver of a tricycle who violates any pertinent provision of this Article, apart from any administrative sanctions and fines under existing laws and Ordinances, shall upon conviction suffer the penalty of a fine of not less than P500.00 nor more than P1,000.00 or imprisonment at the discretion of the court.
ARTICLE II TRICYCLE FARES
Section 1. ALLOWABLE FARE. – Tricycle driver or operator of a tricyclefor-hire can only shall ask or require a passenger to pay his fare in the amount fixed and authorized by the ordinance, laws, rules and regulations. Section 2. RULES AND REGULATIONS. – Operators of tricycles shall display inside their vehicles in bold letters, the authorized fare to be paid by passengers. Section 3. PENALTY. – Any driver, operator who violates the provisions of this Article shall be punished by a fine of not
less than P300.00 nor more than P600.00, or an imprisonment of not less than 10 days nor more than 30 days, or both such fine and imprisonment depending upon the discretion of the court; Provided, however, that no case may be elevated to the court to prosecute the offender if he pays the administrative fine as follows: a) First Offense b) Second Offense c) Third Offense P 100.00 200.00 300.00 400.00
d) Fourth and succeeding offenses-
ARTICLE III TERMINAL FOR TRICYCLES-FOR-HIRE
Section 1. DESIGNATED TERMINAL.- To ensure that the riding public is amply protected, the City hereby designates that piece of land located by the western side of the floodwall stretching from the road-dike entrance to the Barangay Leon Kilat Hall up to the Coast Guard Headquarters as terminal for the tricycles-for-hire operating in the City. For safety reasons, NO TRICYCLES SHALL BE ALLOWED AT ANYTIME to use the Diosdado Macapagal Bridge. Further, promenaders and vendors are not allowed at anytime in the span of the Diosdado Macapagal Bridge. Furthermore, all types of vehicles are not allowed to park at anytime along the span of the bridge.14 Section 2. STRUCTURAL REQUIREMENT.- The City directs the City Engineer’s Office (CEO) to construct shed houses in the above-designated area where passengers can safely be loaded and unloaded into the tricycles. Section 3. MANAGEMENT OF THE TERMINAL.- The City directs the CTMT under the supervision of the Mayor’s Office to manage, supervise the terminal and perform the following powers and duties: a) Exercise direct administrative control and supervision; 14
b) Maintain cleanliness and beautification in close coordination with the City Health office; c) Assist the City Treasurer’s Office in the collection of taxes, fees, fines and the other impositions; d) Perform other powers and duties essential and relevant to the operation. Section 4. PARKING FEE. –
There shall be a parking fee imposed and collected on tricycles on a per trip basis which shall be collected by an authorized parking attendant upon every departure from the Terminal. A ticket shall be issued for every payment thereof. Section 5. ACCRUAL OF FEES. – The fees and fines collected from the Terminal operation shall accrue to the following: 1. City Government 2. Barangay Government 70%; and 30%.
ARTICLE IV MOTORIZED TRISICADS AND SINGLE MOTORCYCLES-FOR-HIRE Section 1. REGISTRATION. -Only motorized trisicads-for-hire and single motorcycles-for-hire that are duly registered and has the appropriate franchise/permit to operate issued by the Sangguniang Panlungsod shall be allowed to ply the streets of the City. Section 2. REGULATING OPERATION. – 1. To ensure the safety of the riding public as well as ensure efficient traffic situation in the City, it is hereby required that before an applicant may be allowed or permitted to operate in the City streets, the following shall first be complied: a. Police Clearance. – which be issued after the driver/operator-applicant has undergone seminar on traffic rules and regulations being conducted by the Traffic Division. b. Mayor’s Permit c. Certificate of Registration from the City Treasurer’s Office;
d. Motorized Trisicad Plate Number or Single Motorcycle-for-hire Plate Number as the case may be.
e. Certificate of Road Worthiness to be issued by the PNP Chief of Traffic Division and by the City Licensing Division; f. Insurance coverage; g. Motorized Trisicad Driver’s Permit which shall be issued by the City Mayor upon favorable recommendation by the Chief of Butuan City Police Command, Traffic Division; h. A valid and current Professional driver’s license from the LTO; i. Medical Certificate attesting to his (driver) physical fitness to undertake the work of driving a motorized trisicad or a single motorcycle-for-hire as the case may be; 2. In addition to the above requirements, Motorized Trisicads and Single Motors-for-hire, shall be required to: a. Attach a boldly printed or painted assigned Serial and rear
of the vehicle; Number at the front
Section 3. ROADWORTHINESS. – Motorized Trisicad and Single Motorcycles should only be considered road worthy if it has the following devices: i. Headlight; ii. Side Mirror; iii. Brake System; iv. Reflector of reflectionized sticker both sides, front rear, size 1 ½”x4; v. Cab Tail light; vi. Trisicad horn; and vii. Signal light Section 4. REFUSAL TO CONVEY PASSENGER.- No driver of any motorized trisicad or single motorcycles-for-hire shall refuse to convey any passenger within his designated route. Section 5 EXEMPTIONS.- A driver, owner or operator of the trisicad may refuse to convey the passenger if the vehicle has a mechanical defect. Section 6. PROHIBITED ROUTES.- No owner, operator or driver of any motorized trisicad-for-hire shall ply along the following streets:
a. Portion of Langihan Road (specifically between corner T. Calo up to the intersection of the semi-circular road of the Langihan Premiumed Market); b. Gov. Jose C. Aquino Avenue; c. T. Calo Street up to Extension Road; d. Montilla Boulevard; e. R. Calo Street up to corner of Salvador Calo Avenue; f. Apolonio D. Curato Street;
g. Marcos M. Calo Street; h. Gumercindo Flores Avenue; i. j. Felimon Durano Street; E.R. Ochoa Avenue; and
k. Gov. Jose Rosales Avenue. PROVIDED, that motorized trisicads and single motorcycles for hire shall be allowed to use all streets, avenues and boulevards in the City of Butuan from 10:00 o’clock in the evening to 5:00 o’clock the following morning. Provided further, that Motorized trisicads plying along J.P. Satorre Street, shall be allowed to use the semi-circular road along the western and southern perimeter of the Langihan Premiumed Market thence along the Langihan Road going North to J.P. Satorre Street. Provided, that no Motorized Trisicad shall be allowed to park along the semi-circular road and along such portion of the Langihan Road abovementioned except to get passengers and/or load cargoes and/or disembark
passengers or unload cargoes. Section 7. WEARING OF HELMET. -All drivers and passengers of any type of single motorcycle are hereby required to wear helmet while travelling on any City streets, roads or national highway.15 Section 8. PENALTY. – Any driver, owner or operator who violates any provision of this Article shall be meted with the following penalties: a. For Operator, he shall be punished by a fine of not less than One Hundred (P100.00) Pesos, nor more than One Thousand (P1,000.00) Pesos or imprisonment of not less than Thirty (30) days nor more than Six (6) months, or both such fine and imprisonment at the discretion of the Court. If the violation is committed by a corporation, a partnership, a cooperative or association, the penalty shall be imposed upon the President, Director or
Directors, Manager or Managing partner or other official responsible for such violation. Provided, however, that no criminal prosecution may be initiated if the operator pays an administrative fine of Five Hundred (P500.00) Pesos. Provided, Further, that subsequent violations shall be a ground for the cancellation of his permit or franchise and without prejudice to criminal prosecution. b. For driver, he shall be punished by a fine of not less than P300.00, nor more than P500.00 or an imprisonment of not less fifteen (15) days nor more than thirty (30) days at the discretion of the court. However, no criminal prosecution may be initiated if the offender pays an administrative fine of P100.00; Provided, further, that subsequent violations shall be a ground for the cancellation of his driver’s permit and without prejudice to criminal prosecution. c. For owner-operator: For failure to print the bold identification lettering as mandated: First Offense Second Offense Third Offense – P1,000.00 fine; 2,000.00 fine; and – 3,000.00 fine and impounding of the motorized Trisicad Unit and cancellation of the franchise.
a. For imitating and falsely representing hereof, P5,000.00 fine and impounding of the trisicad unit and shall forever be denied any opportunity
for a franchise to operate. b. For a driver who operates in areas other than the designated routes shall be penalized as follows: First Offense Second Offense Third Offense – P500.00 – 1,000.00 – 1,500.00
The Office of the City Treasurer is hereby designated to collect the administrative fines or the penalty as imposed by the Court and to issue the official receipt thereof. Funds collected shall accrue to the general fund. The apprehending officer shall submit and/or report to the Office of the City Treasurer within 48 hours, the permit and/or license confiscated as a result of the violation.
CHAPTER VII BICYCLE OPERATION
ARTICLE I INSTALLATION OF GADGETS
Section 1. REFLECTOR GADGETS AND HEADLIGHTS.- Any person who shall operate and ply a bicycle in the streets and roads in the City is hereby required to install a reflector gadgets and headlights to the bicycle.
ARTICLE II BICYCLE LANES
Section 1. DESIGNATED BICYCLE LANES.-The City hereby requires all persons travelling on a bicycle to use only the following officially designated bicycle lanes: a. Along Montilla Boulevard – North to South direction and vice versa; and b. Along J.C. Aquino Avenue – East to West direction and vice versa. Section 2. MARKINGS AND SIGNS.- The City directs the City Engineer’s Office to set up the necessary markings and signs along the designated bicycle lanes. Section 3. PENALTY.- Any person who violates the provisions of this Article, shall suffer the following penalties: First Offense Second Offense Third Offense – P25.00; – 50.00; and – 75.00 plus revocation/cancellation of permit.
If the offender is a minor, the parent or guardian concerned shall be made to pay the applicable fine.
PARADE, PROCESSION ROUTES
Section 1. REGULATING PARADE, PROCESSIONS, DEMONSTRATIONS AND MASS ACTIONS.- The City hereby adheres to the right of the public to expression and right to peaceably assemble, provided, that mass activities in pursuit of the same shall be reasonably regulated. It requires persons, organizers, groups and organizations intending to use City streets or a portion thereof for purposes of holding a parade, procession, demonstration, mass action, or any public activity, to secure a Mayor’s permit. Section 2. – DESIGNATING SPECIAL ROUTES AND ARES.- The TEB and the City PNP Traffic Management Group shall recommend to the City Mayor a City street or portion thereof that may be used by any persons, groups, or organizers of a parade, procession, demonstration, or mass action that has been duly permitted by the City. Section 3. RESTRICTED STREETS.- The following streets are prohibited to be used for any activity as provided under Section 1 of this Article: a. the whole span of Marcos Calo Street; b. the whole span of G. Flores Avenue; c. the portion of David Rosales Street starting from its junction with G. Flores Avenue up to and until R. Calo Street;
d. that portion of R. Calo Street starting from its junction with David Rosales Street up to and until junction of Salvador Calo Street; e. the whole span of Salvador Calo Street and its extension up to and until its junction with Ochoa Avenue; f. that portion of Ochoa Avenue starting from its junction with Salvador Calo Extension up to and until Jorge Satorre Street;
g. that portion of Jorge Satorre Street starting from its junction with Ochoa Avenue up to and until Doongan Street. h. that portion of Doongan Road starting from its junction with Jorge Satorre Road up to and until J.C. Aquino Avenue; i. that portion of J.C. Aquino Avenue starting from its junction with Doongan Road up to and until Capitol Avenue. the whole span of Capitol Avenue, except the left portion thereof starting from its junction
with J.C. up to the Capitol Building; Aquino Avenue
k. the whole span of Capitol Drive; l. that portion of Guingona Street starting from its junction with Capitol Drive up to and until Z. Pizarro Street;
m. the whole span of Pizarro Street; n. that intersection of Montilla Boulevard, Z. Pizarro Street and o. The whole span of F. Durano Street; p. That portion of A.D. Curato Street starting from its junction Street up to and until Noli Me Tangere Street; with F. Durano F. Durano Street;
q. the whole span of Noli Me Tangere Street; and r. that portion of J.C. Aquino Avenue from the junction of Ester Luna St., up to the junction of M. Calo St.
ARTICLE II JAYWALKING
Section 1. PROHIBITION ON JAYWALKING. – 1. It shall be prohibited for any person to walk or cross over any street, road or highway in the City outside the designated or duly marked cross-walk or pedestrian lane. 2.Walking in the duly marked or designated cross-walk or pedestrian lanes with blatant disregard of traffic rules and regulations set under this Code including the signals emitted by traffic devices duly installed or the hand signals of the duly authorized traffic enforcers. Section 2. DESIGNATING PEDESTRIAN LANES OR CROSSWALKS. – a. Pedestrian lanes shall be provided and laid in the streets where the same is appropriate and necessary. b. The TEB/City Engineer shall install and maintain signs and markings in the designated City portion of the roads, street or highway as pedestrian lanes. Section 3. Penalty. – Any person who violates the provision of this Article shall be fined according to the following schedule:
The offenders shall be issued upon apprehension, citation ticket and shall pay the corresponding fines at the City Treasurer’s Office, seventy two (72) hours from the issuance hereof. Provided, however, that should the offender refuses or fails to pay the prescribed penalty, he has the option to perform community service, CHAPTER IX ADMINISTRATIVE PROVISIONS ARTICLE I TRAFFIC EDUCATION SEMINAR
Section 1. DECLARATION OF POLICY. All drivers of motor vehicle who have been apprehended for violation of traffic rules and regulations shall undergo traffic education seminar.
Section 2. SANCTIONS. Any violator of any local traffic rules and regulations apprehended by the City Traffic Aides deputized as traffic enforcers shall be required to undergo one (1) session of traffic education seminar. 1. There shall be a continuing Traffic Education Seminar conducted Friday morning by the Traffic Enforcement Bureau (TEB). every
2. Impounded vehicle of a violator shall be released only when the violatordriver had undergone the said seminar requirement in order to avoid
repetition of the same traffic violation and thus provide him an updated knowledge on the traffic rules and regulations of the City. 3. A Traffic Citation Ticket (TCT) shall be issued against the apprehended driver indicating the nature of the violation/s committed and the corresponding fines, and the seminar requirement indicated on the TCT for the information and guidance of the erring driver. 4. A certification shall be issued by the Head of the Traffic Enforcement Bureau (TEB) to the effect that the driver has complied with the required education seminar. 5. Law Enforcement and Peace Officers duly designated and deputized by the DOTC/LTO shall, in apprehending any driver for violations of local traffic rules and regulations, confiscate the license of the driver concerned and issue a Temporary Operator’s Permit (TOP) which shall authorize the driver to operate a vehicle for a period of said receipt. In the event of failure to settle within 72 hours, the TOP shall become invalid thereafter and the LTO shall cause the suspension and/or revocation of his license pursuant to Sec. 29 of R.A. 4136, otherwise known as Traffic Code of the Philippines.
6. Traffic enforcers who are deputized and designated by the DOTC/LTO shall issue Traffic Citation Ticket. Within 72 hours thereof, the driver shall settle the fines for the traffic violation. Failure on the part of the driver to settle, however, the TCT shall become invalid after 72 hours and the Traffic Enforcement Bureau shall recommend the filing of a case by the City Legal Office.
ARTICLE II SMOKE BELCHING EMISSION TEST
Section 1. PROHIBITED ACT. – No motor vehicle of whatever type and model, except brand new motor vehicles as certified to by the dealer and confirmed by the City Oplan Maginhawa, shall be accepted for registration by the LTO without first presenting the proper Certificate of Compliance duly issued by authorized representative. Section 2. AUTHORITY. The existing Anti-Smoke Belching Team (ASBAT), in coordination with the Testing and Recording Unit (TRU) and the Oplan Maginhawa (OM), shall conduct operations on the prevention, control, and abatement of air pollution from motor vehicles
within Butuan City, particularly upon: a. Motor vehicles that emit smoke beyond the standard emission level of 66% Hartridge Smoke Unit (HSU) in a Hartridge Smoke Meter Test or 20% capacity in a Ringlemenn/s Chart, or its equivalent in a smoke-testing machine; and b. Any motor vehicle emitting black smoke/pollutants shall be apprehended and its operation suspended, and/or the vehicle plate be removed by an LTO representative, and the same be lifted or returned only until such time that the defect shall have been corrected or an appropriate anti-pollution device shall have been installed. Section 3. TESTING FEE. Testing fee shall be assessed for every motor vehicle whose owner/operator shall submit such vehicle voluntarily for the required smoke emission test as prescribed by a tax ordinance. Section 4. PENALTY. Any owner/operator of motor vehicle that does not pass the smoke emission test during actual inspection or operation, shall suffer the following penalties: 1st Offense 2 nd a fine of P200.00 a fine of 400.00; and a fine of 600.00 and the impounding of the subject motor vehicle
Section 1. OBSTRUCTION TO TRAFFIC.- No person, natural or juridical shall obstruct or cause to obstruct the free flow of traffic in any street/road or part thereof within the City except for construction materials piled along sidewalks or portion of streets and roads by persons with an approved building permit. Section 2. USING CELLPHONES, etc. WHILE DRIVING. – No person shall be allowed to use cellular telephones or handheld radios, or
walkie-talkie while driving any kind of motor vehicle except those on-duty personnel of the Philippine National Police, Armed Forces of the Philippines, Bureau of Customs and paramilitary. Section 3. ESTABLISHMENTS NEAR THE ROAD. – No person or owner of any repair shop, vulcanizing shop and other business establishments shall use any part or portion of any existing City road or street as extension for repair of vehicles or utilize the same for commercial and trade use, except if the use thereof is due to emergency cases not exceeding one (1) hour. Section 4. USE OF HEAVY EQUIPMENT. – No person shall use in any of the concrete streets in the City of Butuan, tractors, cranes or any other motor vehicles having metal cleats, corrugations or other devices to secure greater traction power which cut, mark, deface or otherwise destroy any concrete street even if the same is cushioned with wooden board planks unless transported by means of low or high bed trailers. Furthermore, all heavy equipment and cargo vehicles with a gross weight of fifteen (15) tons or more shall not be allowed to pass the old Magsaysay Bridge. These vehicles are identified as follows:16 1. Six-wheeler loaded cargo trucks with gross weight of more than 15 tons; 2. Ten-wheeler trucks; 3. Trailer trucks; 4. Payloaders, Graders and other heavy equipment vehicles; 5. Other vehicles with gross weight of more than fifteen (15) tons. Section 5. SMOKING IN PUVs. – No person shall be allowed to smoke cigar or cigarettes while riding or driving any public utility vehicles. Section 6. UNLAWFUL RIDING. – No person shall ride on any top of a vehicle or any portion of the vehicle not designed or intended for use of passenger. Section 7. SCHOOL BUSES. – 1.Each school bus plying in the City streets carrying school children shall be required to be equipped with:
a. A safety panel, installed to any step wells on the rear side of the bus, extending from the aisle floor to a height of at least 30 inches. b. A metal protective guard on the underfloor designed to prevent the drive shaft from
whipping through the floor when broken. c. Fuel tank insulated from heat. d. Mirrors giving the driver a clear view of all doors and step wells of exits to his rear. e. An emergency door located on the left and toward the rear, or in the rear of the bus, which shall be at least 24 inches in width and 36 inches in height. f. A warning device designed to actuate a signal when the emergency door is unintentionally unlatched. g. Signs on the outside of the front and rear ends of the bus containing the words “School Bus” in letters at least 8 inches in height, plainly visible from a distance of at least 200 feet. 2. A driver of any vehicle, immediately prior to overtaking any school bus which has stopped on a road or highway for the purpose of receiving or discharging passengers, shall stop his vehicle, then proceed past such school bus at a speed not exceeding 10 miles per hour and with necessary caution for the safety of the school bus passengers. Section 8. OPERATING OR DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR SUBSTANCE.No person who is intoxicated or who is under the influence of intoxicating liquor or substance shall operate or drive any vehicle on the streets and highways of the City.
CHAPTER XI ADMINISTRATIVE PROVISIONS
Section 1. IMPLEMENTING AGENCY. The Traffic Enforcement Bureau (TEB) under the supervision of the Land Transportation and Traffic Management Office (LTTMO) is hereby authorized to implement the provisions of this Code and other traffic ordinances of the City not specifically included herein. Section 2. PENALTY. – Any person violating any provision of this Code or other traffic ordinances of the City shall be liable for an administrative fine that shall be imposed and collected by the City or a penalty of imprisonment or a fine or both at the discretion of the Court.
The following rates of administrative fines imposed by the City upon persons violating the following provisions of this Code shall be observed:17 a. Violations in connection with licensing: 1. Driving without securing a license —–2. Driving with delinquent, invalid, suspended, ineffectual or revoked license – – – – 3. Failure to show or surrender for cause the
driver’s license upon demand by a person in authority – – – – – – – – – – – – 4. Driving without a driver’s license – – – – – 5. Failure to sign the driver’s license – – – – P 500.00 200.00
100.00 100.00 100.00
6. Employing, permitting, allowing or tolerating an unlicensed or improperly licensed person to drive a motor vehicle – -500.00 7. Using or attempting to use a fake license: 1st Offense 2nd Offense 3 rd
– – – – – – – – – – – P 250.00 ——————–500.00 750.00
Offense 4th Offense – – – – revocation of permits and blacklisting of offenders
8. Allowing another person to use your driver’s license for the purpose of operating a motor vehicle: 1st Offense 2 4 nd P 250.00 500.00 750.00
Offense Offense 3rd Offense th – – – – revocation of permits and blacklisting of offenders
9. Driving while under the influence of liquor or prohibited drugs: 1st Offense 2 nd
– – – – revocation of permits and blacklisting of offenders
b. Violations in connection with Plate Numbers and Stickers 1. Driving or operating a motor vehicle with plate numbers not firmly attached thereto in such a manner as will make them entirely not visible and almost not legible – – – P 100.00 2. Driving or operating a motor vehicle with dirty or uncared for plate number – – 3. Failure to display plate numbers in the conspicuous places in front and rear of the motor vehicle – – – – – – – — – – 4. Driving or operating a motor vehicle without a sticker showing current registration – – – – – – – – – – – – – – – 5. Driving a motor vehicle that uses or displays a commemorative plate instead of its permanent plate number – – – – – 6. Operating a motor vehicle whose plate number or sticker is tampered – – c. Violations relative to equipment, parts, accessories, devices and markings of motor vehicles: 1. Driving or operating a motor vehicle with defective brakes – – – – – – – – – – – – – – 2. Installing in motor vehicle a horn or signaling device that emit an exceptionally loud, startling and disagreeable sound – – 3. Driving or operating a motor vehicle or trailer without a lamp on each side at the rear portion that shows red light visible at least from 100 meter-distance – – – – – – – – – – 4. Driving or operating a motor vehicle not equipped with a lamp at the rear that throws a sustained bright and visible light under all conditions when
the brakes are applied – – – – – – – – – – – – – – — – – – 5. Driving or operating a motor vehicle whose P 100.00 200.00 plate number is not illuminated with white light – – – – – – – – – – – – – — – – – 6. Driving or operating a motor vehicle without an installed mechanical or electrical wiper at the windshield – – – – – – – – – – – – – -7. Driving or operating a motor vehicle without, or with a cut or disconnected muffler – – 8. Driving or operating a motor vehicle that does not have a head light – – – – – – – – d. Parking Violations:
1. A fine of ONE THOUSAND PESOS (P1,000.00) shall be imposed upon a driver of a motor vehicle who shall commit any of the following violations: i. Parking a vehicle or permitting it to stand whether attended or unattended in the following places in the highway: Within an intersection; On a crosswalk; Within six (6) meters of the intersection of curb lines; Within four (4) meters of the driveway entrance to any fire station; In front of a private driveways on the roadway side; At any place where official sign of
prohibited parking is erected. fine of ONE THOUSAND PESOS
2. Other Traffic Violations with an imposable P1,000.00 upon a person committing the same:
Allowing passengers to ride on top of the vehicle while it is in motion; Permitting passengers to ride on the running board, step board or mudguard of a motor 3. A fine of ONE HUNDRED PESOS (P100.00) shall be imposed upon a person for driving recklessly or without care or caution or at a speed greater or lesser than is reasonable considering the width, traffic, curvatures, visibility and other conditions of the atmosphere and weather, or at a speed greater than will permit the driver to bring the vehicle to a stop within a clear distance ahead, or otherwise driving in excess of the allowable speed;
4. A fine of ONE HUNDRED PESOS (P100.00) shall be imposed upon a person who drives a motor vehicle who fails to dim the headlights or fails to tilt the beams of his motor vehicle when driving along well lighted streets within the limits of the City or in the thickly populated districts or whenever such vehicle meets another vehicle on any highway; 5. A fine of SEVENTY FIVE PESOS (P 75.00) shall be imposed upon a driver of a motor vehicle for driving the same while he is using only slippers or sleeveless shirt; 6. A fine of FIFTY PESOS (P5O.00) shall be imposed upon a driver of a motor vehicle who shall commit any of the following violations: Driving or parking upon or along any sidewalk, path or alley not intended for vehicular traffic or parking; Failure to give way to police or fire department vehicle or ambulance that is responding to an emergency.
7. A fine of ONE HUNDRED PESOS (P100.00) shall be imposed upon a driver of a motor vehicle who shall commit any of the following violations: ILLEGAL TURN – failure to conduct the motor vehicle to the right of intersection of the highway when turning to the left in going from one highway to another; DRIVING AGAINST TRAFFIC – failure to pass to the left when overtaking persons or vehicles going to same direction except when there are two or more lanes for the movement of traffic in the same direction; ILLEGAL OVERTAKING – failure to pass to the left when overtaking persons going to the same direction except when there are two or more lanes in one direction; OVERTAKING AT AN UNSAFE DISTANCE – failure to pass at a safe distance to the left of another motor vehicle when overtaking that vehicle; CUTTING OR OVERTAKING VEHICLE – driving to the right side of the highway after overtaking before his motor vehicle is safely clear of such overtaken vehicle; FAILURE TO GIVE WAY TO AN OVERTAKING VEHICLE – failure to give way to another vehicle approaching from the rear that wishes to overtake his vehicle when the former has given suitable and audible signal; INCREASING SPEED WHEN BEING OVERTAKEN – increasing the speed of his motor vehicle before the overtaking vehicle has completely passed; and OVERTAKING WHEN LEFT SIDE IS NOT VISIBLE OR CLEAR OF INCOMING TRAFFIC – driving to the left side of the center line of a highway in overtaking or passing another vehicle proceeding in the same direction where the left side is not clearly visible and is not free of incoming traffic for a sufficient distance to pass safely.
Section 3. AUTHORITY TO APPREHEND AND ISSUE CITATION TICKETS – Law enforcement and peace officers duly designated by the Police Station Commander or the Traffic Director and are duly recommended by the LTTMO are hereby authorized to apprehend violators of the provisions of this Code and other traffic rules of the City. The said law enforcers are authorized to issue citation tickets. 18 Section 4. PROCEDURE UPON APPREHENSION OF TRAFFIC VIOLATORS.- Any authorized police officer or traffic enforcer apprehending a person for violating this Code and other traffic ordinances of the City of Butuan , shall take the name, address and license number and the registered number of the vehicle involved, and shall issue to him a citation ticket with a warning that he should settle with the office of the City Treasurer within seventy two (72) hours any fine due for such violation. Otherwise, if after seventy two (72) hours and the violator still failed to settle his fines with the City Treasurer, the case shall be filed with the City Fiscal’s Office.19 Section 5. All fines collected under this Code shall accrue to the General Fund of the City of Butuan.20
CHAPTER XII FINAL PROVISIONS
Section 1. Applicability Clause. All other related matters not specifically provided in this Code shall be governed by the pertinent provisions of existing applicable laws and ordinances. Section 2. Separability Clause. If for any reason, any provision, section or part of this Code is declared not valid by a Court of competent jurisdiction or suspended or revoked by the authorities concerned, such judgment shall not affect or impair the remaining provisions, sections or parts which shall continue to be in force and effect. Section 3. Repealing Clause. All ordinances, rules and regulations, or parts thereof, in conflict with, or inconsistent with any provisions of this Code are hereby repealed or modified accordingly. Should there be existing general or special ordinances which were inadvertently
excluded in the process of formulating this Code, the same shall continue to be in full force and effect provided that they are not in conflict with, or contrary to the provisions of this Code. Section 4. Effectivity. -This CODE shall take effect fifteen (15) days from the date of its publication in the local newspapers.
SP Ord. No. 2062-96 SP Ord. No. 2062-96 20 SP Ord. No. 2062-96
DATE ENACTED: June 15, 2010
DINO CLAUDIO M. SANCHEZ
City Vice Mayor Presiding Officer
AURORA B. CABALLES
City Government Department Head II City Secretary
SUBMITTED FOR APPROVAL:
DATE APPROVED: ________________
DEMOCRITO D. PLAZA II
City Mayor ATTESTED:
WEBB L. RACAZA, LLB, CPA
City Government Department Head II City Administrator
: Hon. Salvador V. Calo : Hon. Vice Mayor Dino Claudio M. Sanchez : Hon. Sabiniano O. Olandria : Hon. Raul O. Amoc : Hon. Rodrigo L. Dayaday : Hon. Randolph B. Plaza : Hon. Erwin L. Dano : Hon. Audie G. Bernabe : Hon. Lope A. Buñol : Hon. Shiela D. Gado : Hon. Sabiniano O. Olandria
: Hon. Raul O. Amoc